May
3, 2002
By
Ashley Bach, The Arizona Republic
Arizona
Republic
A
headstrong politician and an idealistic billionaire are likely to
face off on the state ballot this fall, but they won't be fighting
for elected office. Their battle is over marijuana.
Maricopa
County Attorney Rick Romley and University of Phoenix founder John
Sperling are each working on drug-policy initiatives for the November
general election, but they have very different views on how the state
should treat people caught with pot.
Sperling
and his supporters are gathering signatures for an initiative that
would decriminalize the possession of small amounts of marijuana.
Instead of facing a Class 6 felony, anyone caught with 2 ounces or
less of the drug could be charged only with a civil violation, punishable
by no more than $250.
The proposal would also allow marijuana for medical purposes, with
the supplies coming from Department of Public Safety contraband.
Romley,
on the other hand, wants to overrule that plan by tweaking one of
the billionaire's initiatives that was already passed into law. Under
Romley's plan, judges could send first- and second-time drug offenders
to jail if they refuse treatment. His proposal was given preliminary
approval by the state Senate on Thursday and will go on the ballot
if it passes in a final vote next week.
If
voters pass both proposals, the one with the most votes will become
law.
Sperling
and two other investors, George Soros and Peter Lewis, have funded
19 initiatives in states across the country, each designed to loosen
drug laws. And the trio has lost only twice.
In
1996, they passed Proposition 200 in Arizona, which says that first-
and second-time drug offenders can't be sent to jail and allows marijuana
for medical use. Two years later, voters approved a similar law after
the Legislature voided most of the original measure.
Romley
says he watched Sperling's success with frustration. By law, his office
can't pay for television ads or circulate petitions, so he had little
recourse against his opponent's deep pockets. In 1998, Sperling's
group spent more than $1 million to get the 1996 law reinstated, while
Romley says he spent $35,000 from private donations.
"It's
very hard to compete with these very effective ads," Romley said.
"It (my measure) is going to force them to debate this a little more."
Sperling
referred questions to Sam Vagenas, spokesman for the People Have Spoken,
the Phoenix-based group that campaigns for Sperling's initiatives.
Romley
has long opposed any efforts to reform the way drug offenders are
punished, despite what voters say, Vagenas said.
"This
is another assault on the will of the people," he said. "That's what
is at issue here."
Both
sides differ not just on marijuana, but on how well Proposition 200
has worked for drug offenders. They both say they believe in treatment
for first-time offenders, but Romley and some judges say that if people
refuse treatment, they're often let free.
Twenty-one
percent of offenders convicted under the law in Maricopa County never
show up for treatment, Romley said. Vagenas cites an Arizona Supreme
Court study last year that says offenders under Proposition 200 are
slightly less likely to drop out of treatment than other probationers.
The
battle is likely to heat up if Romley's bill is passed next week.
Vagenas said Sperling and his supporters will campaign aggressively
against the competing measure, while still gathering the 101,762 signatures
needed to get the initiative on the ballot. Romley said he wants to
be vocal in the media and raise private money.
The
county attorney is deluded if he doesn't think voters want looser
penalties for having drugs, Vagenas said.
"I
believe they believe this," he said. "And if it takes a third time
to do this, so be it."
Romley
said he wants Sperling himself to enter the fray.
"I
hope I can get John Sperling on one side of the table and me on the
other side, and let's debate what's the right thing to do," he said.
