DRUG INITIATIVE ALMOST ON BALLOT

An amendment to the Michigan Constitution that would overhaul state drug
laws is one step closer to appearing on the November ballot.

Representatives of the Michigan Drug Reform Initiative said they submitted
454,584 signatures to the Secretary of State Bureau of Elections on Friday.
The group needs about 302,000 valid signatures to qualify for the ballot.

"We're very confident," said Dave Fratello, a spokesman for the initiative.
"We do (signature) validation checks along the way, and it was very high in
Michigan, about 75 percent. With these signatures, we would be with a 65
percent rate."

Signatures can be invalidated for a variety of reasons. Petition drives
typically turn in additional signatures to make up for any that are found
to be invalid.

Elizabeth Boyd, spokeswoman for Michigan Secretary of State Candice Miller
said the Bureau of Elections will review the signatures to validate them.

"They'll make a recommendation to the state Board of Canvassers, who will
decide if it goes on the ballot," Boyd said.

The proposal would:

* Eliminate mandatory minimum sentences in drug crimes, except for people
convicted of making a net profit of $500,000 selling drugs.

* Establish an independent commission to set sentencing guidelines for
users and low-level dealers.

* Allow resentencing for convicts serving mandatory sentences.

* Require drug treatment for anyone caught with drugs for personal use and
allow the defendant to choose treatment over prosecution.

* Require the state to spend at least $18 million per year on drug
treatment. (Michigan currently spends about $150 million per year on
treatment, according to state drug czar Craig Yaldoo.)

Fratello said the measure shifts the focus of the drug war away from
incarceration and toward drug treatment.

Opponents call it a Trojan horse that decriminalizes drugs. They say it
eliminates penalties for drug possession and gives drug dealers a pass.

Prosecutors say it is impossible to prove how much net profit a drug dealer
makes because they don't keep financial statements and they could deduct
expenses like hitmen and bribes. The $500,000 limit is indexed for
inflation, under the proposal.

"How do you prove that someone made a net profit of $500,000 or more?"
asked Novi district Judge Brian McKenzie, an outspoken opponent of the
measure. "Why do drug dealers get their crimes indexed for inflation. No
other financial crime in Michigan is indexed for inflation."

Fratello acknowledges his organization paid workers to collect the
signatures and will spend more on a statewide campaign in the fall to get
the measure approved. But he said polling conducted by backers of the
proposal show Michigan voters approve its goals.

McKenzie said he worries that an advertising blitz paid for by wealthy
backers of the initiative could prove successful.

"I think 30-second commercials can overwhelm the truth," McKenzie said.
"They tell people that it will increase penalties for drug dealers and
provide treatment. It does neither. They don't tell people that possession
of heroin, crack and ecstasy will now be 60-day misdemeanors."

McKenzie said if the measure is approved, teens caught with crack cocaine
will face a lighter penalty than those caught with tobacco.

"What kind of message does that send to kids?" McKenzie asked.

Fratello said polling conducted in November showed Michigan residents
approve the goals of the measure.

"We don't even start a campaign if the poll numbers aren't above 60
percent," he said.