Posted on: Monday, August 25, 2003

EDITORIAL
New drug law has good tools, and bad

The expansion of the drug "hot line" to the Neighbor Islands is a welcome addition to the statewide battle against drug use.

But the law that created the hot line (part of a new nuisance abatement unit within the attorney general's office) still poses troublesome issues in the effort to balance law enforcement against rights of individuals.

Going after drug users or sellers under the nuisance law is generally considered easier than direct criminal prosecution, because the burden of proof is lower. If authorities — or even neighbors — can convince the court that the drug activity amounts to a "nuisance," the users can be forced to cease or move out.

So far, so good. But the law also allows authorities to force landlords to evict drug-using or -dealing tenants. Failure to act could result in fines or even jail time.

That's fine in theory. But as any landlord will tell you, it is hard to get people out even when their only offense is to be behind in their rent. Drug users and dealers are, by definition, not that respectful of authority.

And in the case of dealers, they can also often be violent.

It's appropriate to use the nuisance statute against the people who are doing or dealing drugs. But calling on the landlord to do the work of law enforcement goes too far.