Cannabis News Students for Sensible Drug Policy
  Drug War Suggestion Has Flaws
Posted by FoM on April 16, 2002 at 07:22:34 PT
Editorial Opinion 
Source: News-Press 

justice Backers of a state constitutional amendment to steer certain drug violators into treatment instead of prison are using the wrong means to change the course of the war on drugs.

State officials, including Gov. Jeb Bush, are right to oppose the amendment, which will be on the November ballot for voter approval if it clears legal hurdles. Some of the proponents’ ideas might make good drug policy, if they could make it through the Legislature.

But it’s a mistake to try to put detailed policy into the constitution, which is is best used to provide a general framework and basic principles for government.

The proposed amendment, the Right to Treatment and Rehabilitation for Nonviolent Drug Offenses, would give certain drug offenders the right to choose treatment instead of jail for their first two offenses.

The amendment would apply to people charged with or convicted of possessing or buying drugs or drug paraphernalia. People who traffic in drugs or commit violent acts, theft or DUI don’t qualify.

Critics, including Bush’s drug czar, have called the measure “the Right to Abuse Drugs in Florida Amendment.”

Tim Moore, head of the Florida Department of Law Enforcement, says passage of the measure would amount to drug legalization.

This is overheated rhetoric. The issue of whether Florida and other states are sending too many minor drug offenders to prison and too few to treatment is complex, but not all the people who think so are nuts.

What’s got opponents worried is that the drive is part of a well-financed national movement, which has already gotten similar measures approved in Arizona and California. Florida, Ohio and Michigan are on the list this year.

Parts of this proposal may have merits, although it promises to overload the treatment system with offenders, many of whom may not even be suited for treatment.

The Legislature has already established drug courts precisely to find the most appropriate place for these people, so the ammendment may not even be needed to accomplish its purpose.

But aside from the merits of the policy, our problem with this measure is that the people would be voting — as is typical in these cases — on a brief, inadequate ballot summary, not the detailed language that would actually be put in the constitution.

The actual amendment is far too lengthy to be put on a ballot, which is why it should be proposed in law and dealt with by the Legislature. This is the sort of thing we elect lawmakers for, never mind that even they don’t have time for careful study of all the measures they vote on.

As law, the measure has the chance of being debated and modified. It can relatively easily be adjusted later or repealed if it is a statute, but not if it is in the constitution.

About a half-million registered voters will have to sign petitions for this and several other ill-advised proposed amendments this year before they can get on the ballot. The state Supreme Court will have to approve the ballot language, which Attorney General Bob Butterworth says is misleading and violates the rule against multiple subjects.

If confronted with a petition for this amendment, we urge you not to sign it.

Note: Treatment proposal should be legislated, not in constitution.

Source: News-Press (FL)
Published: April 16, 2002
Copyright: 2002 The News-Press
Contact: mailbag@news-press.com
Website: http://www.news-press.com/

Related Articles & Web Site:

Florida Drug Treatment Initiative
http://www.drugreform.org/florida/

Treatment for Drug Offenders Spark Debate
http://cannabisnews.com/news/thread12147.shtml

Jeb Bush Urged To Reconsider Drug Law View
http://cannabisnews.com/news/thread11893.shtml

Perhaps Daughters Arrest Will Trigger New Thinking
http://cannabisnews.com/news/thread11885.shtml


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Comment #3 posted by idbsne1 on April 16, 2002 at 10:47:06 PT
???
Well....are you going to tell me what the flaws are?

I have decided that our system as it is now, sucks. Hard. EVEN IF, all my friends tell me it's "still, the best there is"....lame.

I say let them vote on the proposition, and IF the politicians don't like the way it's worded, then they can fix it later in the legislature.

Otherwise, I think it is BS that these politicians can take there OWN SWEET TIME implementing or creating laws that the public wants. They are conniving, self-serving bastards, who want COMPLETE CONTROL. They forget that they are supposed to serve their CONSTITUANTS...not THEIR ego or to dictate to us THEIR "moral" beliefs...

This realization has me feeling helpless. How are we as "the people" supposed to get QUALITY representation, when we are offered few candidates, and all the electioneering has to do with how much money you have? And who you know?

So basically they serve themselves and whoever is "scratching their back" by giving the candidate money. It is a corrupt and discriminating system, and I TRULY believe if our Forefathers were alive today and saw the Government as it is.....THEY WOULD BE TAKING UP ARMS!

idbsne1

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Comment #2 posted by p4me on April 16, 2002 at 10:28:46 PT
we will see
But it’s a mistake to try to put detailed policy into the constitution, which is is best used to provide a general framework and basic principles for government.

This is not a factual statement. It is one man's opinion. If the legislature had done its job the people would not have to step in and say enough is enough. Only 23 states have the ballot iniative process. For those that don't they need to get it into law. Look what the legislatures have done with medical marijuana and look at what the situation would be if no state had a ballot iniative process. If I lived in Florida and knew silver-spooned Jeb Busch was against it, I would be sure and sign it. It is called what goes around comes around.

VAAI

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Comment #1 posted by mayan on April 16, 2002 at 09:58:54 PT
On Their Heels!!!
"This is the sort of thing we elect lawmakers for, never mind that even they don't have time for careful study of all the measures they vote on."

That's if they even read the measures at all & that is precisely why the people will decide. The Legislature is incomptent & for sale to the highest bidder.

"If confronted with a petition for this amendment, we urge you not to sign it."

Boy, they must really be scared to be railing against this 7 months before the elections! They know that if, I mean WHEN this gets on the ballot, the people will overwhelmingly support it. Sorry antis, you just can't win this one!.

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