Massachusetts Drug Treatment Trust Fund Initiative, Question 8 (2000)

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The Massachusetts Drug Treatment Trust Fund Initiative, also known as Question 3, was on the November 7, 2000 in Massachusetts as an initiated state statute. It was defeated.

The initiative proposed the creation of a state Drug Treatment Trust Fund.

Election results

Question 8 (Drug Treatment Trust Fund)
ResultVotesPercentage
Defeatedd No1,329,89948.65%
Yes 1,215,806 44.47%

Official results via: The Massachusetts Secretary of the Commonwealth

Text of measure

Ballot question

The question on the ballot was:

Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 3, 2000?[1][2]

Summary

The official ballot summary for Question 8 was:

Question 8 proposed the creation of a state Drug Treatment Trust Fund to be used, subject to appropriation by the state legislature, solely for the treatment of drug-dependent persons. The fund would include fines paid under the state's criminal drug laws; money forefeited because of its use in connection with drug crimes; and the proceeds from selling property forefeited because of its use in connection with drug crimes. Money in the fund would be spent to increase, not replace, existing government funding for drug treatment programs.

The proposed law would also expand eligibility for the program under which a person charged with a drug crime may request a court finding that he is drug-dependent and would benefit from court-monitored treatment. If the court so finds, and the person then successfully completes a treatment program, the criminal charges would be dismissed.

The proposed law would also change the state law governing forefeiture of money and property used in connection with drug crimes. Land and buildings could not be forefeited if used in a manner that was merely incidental to a drug crime. That state would have to prove by clear and convincing evidence that money or property was subject to forefeiture, and the property owner could then try to prove by a preponderance of the evidence that the money or property was legally exempt from forefeiture. All forefeited money would be put in the Drug Treatment Trust Fund and all forefeited property would be sold and the proceeds put into the fund.

The proposed law stated that if any of its parts were declared invalid, the rest of its parts would remain in effect.[1][2]

Full text

The full text of the legislation proposed by Question 8 is available here.


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Support

The initiative was supported by the Coalition for Fair Treatment. They argued that treatment is more effect than incarceration for "drug-dependent offenders." They also stated that under the current law, property can be confiscated from innocent people--"[f]or example, if your son or daughter is arrested while driving your car, it can be taken and sold--and the police keep the money!"

The coalition also cited support from three former attorneys general (Scott Harshbarger, Frank Belotti and James Shannon), Congressman William Delahunt, and the League of Women Voters.

Opposition

The measure was opposed by the Massachusetts District Attorney Association, led by Martha Coakley. Coakley argued that the proposed law only benefited drug dealers and called the measure "a major step toward decriminalizing drug dealing." She also claimed that the proposed law "effectively nullifies" existing laws which dictate penalties for drug dealers who carry firearms, and that the proposed law would deprive state and local law enforcement of "virtually all their resources to investigate major drug conspiracies."

See also

External links

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References


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