PEOPLE WITH DRUG PROBLEMS NEED TREATMENT, NOT JAIL TIME

I got thinking about Noelle Bush, President Bush's niece, who was
arrested last week for forging a prescription for the anti-anxiety
drug Xanax. My first thought was: What is it about this generation of
Bushes? Last year both of the president's daughters got themselves
arrested for underage drinking. Now their older cousin, Noelle, gets
busted for prescription fraud. Is this some sort of rebellion against
their very authority-figure dads? Or are they simply unlucky?

My second thought was: Maybe the tendency toward drug abuse problems
simply runs in the family. Noelle's uncle was pretty open about his
struggles with alcohol, and a lot less candid about whether he
struggled as well with other substances. But then again, so far all
these reports involve drug law problems, not clear drug abuse
problems.

My third thought was: It's not just the Bushes. Think of all the
wives and daughters of men who have occupied or sought to occupy the
White House in recent decades. Joan Kennedy, former wife of Sen.
Edward Kennedy, has long battled alcohol abuse, as did first lady
Betty Ford. Kitty Dukakis struggled for decades with abuse of alcohol
and prescription amphetamines.

John McCain's wife, Cindy, illegally obtained prescription
painkillers to support her habit, and Ronald Reagan's daughter, Patti
Davis, eventually fessed up to her love affair with cocaine. It
almost seems like there's no better predictor of getting in trouble
with drugs than being the wife or daughter (or son or brother) of a
man who aspires to the presidency.

My fourth thought was: I'm being unfair. Tens of millions of
Americans find themselves in trouble with alcohol or other drugs at
one point or another in their lives. And tens of millions have been
arrested on alcohol or other drug-related charges.

The only thing special about these women is their mixed blessing of
being closely related to a very famous man - which means their
problems are known not just to their families and friends and the
arresting authorities but to many millions of others who watch TV and
read the papers.

My fifth thought was: None of these women has actually gone to prison
or suffered any other significant legal consequences for her criminal
violations. On the one hand, they suffer serious embarrassment on a
public scale most of us will never know. But they also come from
families and social classes that afford much better opportunities for
keeping the criminal justice system at bay.

I surely don't want to see any of them behind bars for their troubles
with drugs and the law - but what about the millions of Americans who
have lost their freedom for days, weeks, months or years because of a
drug problem? Weren't many of them guilty of nothing more serious
than these wives and daughters of our national politicians?

"This is a very serious problem," said Noelle's father, Gov. Jeb
Bush, in a statement. "Unfortunately substance abuse is an issue
confronting many families across our nation. We ask the public and
media to respect our family's privacy during this difficult time so
that we can help our daughter. We will have no further comment on
this issue. Thank you for your understanding."

Jeb Bush is right, of course. If his daughter has a drug problem,
surely it's best handled as a private family matter. But what about
other people's sons and daughters? The likely law that Noelle
violated is punishable by up to five years in prison and a $5,000
fine. Noelle won't go to prison, nor would most other first
offenders. But what about other young people whose families don't
have the resources of the Bushes? What about other young people whose
parents aren't able or even available to help them?

Why exactly do we have such severe laws on the books for punishing
people whose only real offense, if it can be called that, is related
to putting a psychoactive substance into their body?

Maybe this unfortunate turn of events in the Bush family will serve
as a wakeup call for Gov. Bush. For the past 10 years, more people
have been admitted to Florida state prisons for drug offenses than
for any other charge. The state's voters will likely have an
opportunity to vote on a ballot initiative this November - modeled on
California's Propostion 36 - to provide treatment instead of
incarceration for people with substance abuse problems who get
arrested on drug possession charges.

The governor has already spoken out against the initiative, just as
the vast majority of California's politicians opposed Prop 36 until
61 percent of their constituents voted otherwise.

So here's my last thought, one I hope Jeb Bush will take to heart:
Treat others as you would want your own son or daughter treated. It's
a good principle in life, and a sound basis for drug policy.

Ethan Nadelmann is executive director of the Drug Policy Alliance,
the nation's leading organization working for drug law reform. Web
site: http://www.drugpolicy.org