cannabisnews.com: Prop. 302, Not 203, is Best Drug-Law Fix





Prop. 302, Not 203, is Best Drug-Law Fix
Posted by CN Staff on October 11, 2002 at 07:09:05 PT
By John S. Leonardo
Source: Arizona Daily Star 
Proposition 200, passed in 1996, mandated that those convicted of possession for personal use of any controlled substance (cocaine, heroin, methamphetamine, Ecstasy, marijuana, etc.) be placed on probation and required to participate in drug treatment rather than be sent to prison. At the same time, it restricted the court's ability to achieve the treatment goal by taking away the court's authority to enforce court-ordered drug treatment for those who chose not to participate voluntarily. 
Prop. 200 had a significant impact on the way the courts treated those charged with possession of drugs. Before Prop. 200, when a judge placed a defendant on probation and ordered participation in drug treatment, and the defendant refused or simply did not go, the judge could impose a consequence - usually some time in jail. Awareness of this consequence motivated many defendants to address their substance abuse problem through drug treatment. Jail time often provided a therapeutic, drug-free environment in which a defendant could realistically consider his or her situation with a mind clear of the effects of continued drug use. Under Prop. 200, a defendant who refuses to participate in court ordered drug treatment and continues to use drugs is not subject to any meaningful consequence. The law specifically prohibits a judge from placing a defendant in jail, for even an hour, as a consequence of refusing to participate in the court-ordered drug treatment. As defendants began to realize there was no real consequence for ignoring court ordered treatment, they routinely declined to engage in drug treatment or to comply with other typical conditions of probation such as employment, obtaining a GED and submitting to drug testing. Prop. 200 places the court in the untenable position of being required to issue orders it has no authority to enforce. The result has been that, while defendants who abuse drugs are not being sent to prison, many are also not participating in drug treatment because there is no meaningful consequence if they don't. This has not only undermined the proposition's own drug treatment goals, but it has also undermined the criminal justice system in this state:. The authority and credibility of the court, as well as respect for the system, are damaged when defendants are allowed to ignore court orders with impunity under the protection of Prop. 200. Criminal defendants not under the shield of Prop. 200 observe Prop. 200 defendants avoid any consequence for violating probation conditions and question the fairness of a system that sends them to jail or prison for the same conduct. How do Propositions 203 and 302 affect this situation? Prop. 203 would further undermine the courts in these cases in at least two important ways: * It would extend the "no jail" prohibition of Proposition 200 to those convicted of a second controlled-substance-possession offense rather than to just the first. * Unlike any other criminal defendant, a Prop. 200 defendant could not be arrested if he or she refuses to respond when summoned on a petition to revoke probation. This would leave the court with no means of forcing a defendant to even appear to answer charges that he or she has refused to participate in court-ordered drug treatment. Prop. 302 would restore the ability of the court to enforce its orders by allowing judges to impose jail time when a Prop. 200 defendant refuses to participate in court-ordered drug treatment. It also provides that a Prop. 200 defendant may have his or her probation revoked on refusal to participate in drug treatment. If passed, Prop. 302 would ensure that substance abusers not only stay out of prison but that they also undergo drug treatment, voluntarily or through enforceable court orders. * John S. Leonardo is the presiding judge of the Pima County Superior Court. Source: Arizona Daily Star (AZ)Author: John S. Leonardo Published: Thursday, October 10, 2002Copyright: 2002 Pulitzer Publishing Co.Contact: letters azstarnet.comWebsite: http://www.azstarnet.com/star/today/Related Articles:Drug Czar Calls Ariz Marijuana Initiative 'Stupid'http://cannabisnews.com/news/thread14415.shtmlMarijuana Lacks Medicinal Value, Drug Czar Sayshttp://cannabisnews.com/news/thread14414.shtmlDrug Czar Condemns Pot Decriminalization http://cannabisnews.com/news/thread14413.shtml
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Comment #2 posted by idbsne1 on October 11, 2002 at 15:22:55 PT
This guy needs to retire....
or at least check out a prison...."Jail time often provided a therapeutic, drug-free environment in which a defendant could realistically consider his or her situation with a mind clear of the effects of continued drug use."DRUG FREE?!?!?!?!THERAPUTIC?!?!?!?!?!?!You're a fricking MORON....."judge" Leonardo idbsne1
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Comment #1 posted by krutch on October 11, 2002 at 09:38:39 PT:
Anyone who thinks jail is therapeutic
Has never been to jail. Jail is not therapeutic. Jail is a place where a drug user is confronted with dangerous criminals. The only thing being in jail teaches an offender is how to be a criminal. Also the the criminal record he gains for his offense makes it much more difficult for the offender to support himself when released. Jail helps no one. The only people who belong in jail are people who are a menace to society. A person who gets caught smoking a joint in a park, or growing a few plants in his basement does not fit the bill. 
Any good drug treatment counselor will tell you that drug treatment is useless if the subject does not want to give up the substance. So forcing treatment is not the answer either. Let's face facts. Some people use drugs. If they commit a crime they should go to jail. But taking the drug harms no one but the drug user. So the drug use itself is not a crime. It is not illegal to be a drunk. Why should it be illegal to be a drug addict?
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