NEW APPROACH TO POT ARRESTS HAS PROBLEMS

England is taking an approach to drug use that recognizes the realities of
today's society.

The government is planning to downgrade the definition of marijuana as a
drug and ease the potential consequences of possession. The result in many
cases could be that ordinary marijuana users will simply get off with a
warning when police catch them.

The change is kind of a halfway approach between those who favor strong
anti-drug actions and those who believe in legalizing drug use.

"The message to young people and families must be open, honest and
believable," said Home Secretary David Blunkett in an Associated Press
report. "Cannabis is a potentially harmful drug and should remain illegal.
However, it is not comparable with crack, heroin and Ecstasy."

Prime Minister Tony Blair also was quick to point out that the action did
not amount to decriminalization. He said reducing the status of marijuana
had the support of police who prefer to devote their time to battling more
serious drugs.

While some will undoubtedly cheer the action, there is a major problem that
remains. The law can be applied unequally - something that would be
inconceivable in our country.

While it is anticipated police will simply issue a warning and confiscate
the marijuana, they can also choose to arrest the offender if they deem
there is a threat to public order, whatever that means. And the penalty
could be as much as two years. It is something that is ripe for abuse - if
the police don't like the look of one offender they can arrest him and let
the person next to him go.

While England's change is a start toward recognizing the ineffectiveness of
drug laws, it falls far short of really dealing with the issue. England's
leaders, as well as those in America and elsewhere, do not have the courage
to take the necessary step of decriminalizing drug use.

In America, the battle against drugs has drained, corrupted and overloaded
the law enforcement and judicial systems. We can hardly build prisons fast
enough to deal with drug offenders.

The answer lies not in restructuring the legal process to define minor
drugs versus major drugs, but in treating drugs like we do alcohol. Those
who choose to buy alcohol can do so legally, but they must act responsibly
in using it. Those who do not act responsibly face penalties, such as for
DWI and disorderly conduct. And treatment is available for those who cannot
control their alcohol use.

That puts the responsibility where it belongs - on the individual.