The New Politics Of Pot: CAN IT GO LEGIT?

The drug czar is ready for pro wrestling. He already has the name, and now he's got the prefight talk down cold. In every speech he makes in Nevada, where Bush appointee John Walters has traveled to fight an initiative that would legalize marijuana, he calls out his three sworn enemies as if he were Tupac Shakur. The czar has a problem with billionaire philanthropists George Soros, Peter Lewis and John Sperling, who have bankrolled the pro-pot movement, and he wants everyone to know he's ready for battle. At an Elks lodge meeting in Las Vegas, he ticks off their names and says, "These people use ignorance and their overwhelming amount of money to influence the electorate. You don't hide behind money and refuse to talk and hire underlings and not stand up and speak for yourself," he says. By the end of a similar speech at a drug-treatment center in Reno, he says, "Let's stop hiding. I'm here. Where are you?" The czar is bringing it on.

Before the new czar was appointed in December, it was the government's preference not to address the legalizers. But the pro-pot movement has gained so much ground they can't be ignored as a fringe element. Americans, it turns out, aren't conflicted in their attitude toward marijuana. They want it illegal but not really enforced. A TIME/CNN poll last week found that only 34% want pot to be totally legalized (the percentage has almost doubled since 1986). But a vast majority have become mellow about official loopholes: 80% think it's O.K. to dispense pot for medical purposes, and 72% think people caught with it for recreational use should get off with only a fine. That seeming paradox has left a huge opening for pro-pot people to exploit. Eight states allow medical marijuana, and a handful of states have reduced the sentences for pot smokers to almost nothing.

The midterm election Nov. 5 has lighted up the issue even more. While control of the House hangs in the balance and the race for the Senate is a DEAd heat, the political trend for marijuana is clear: support is gaining. The most interesting battles on the November ballot are over pot initiatives: to allow the city of San Francisco to grow and distribute medical marijuana, to replace jail with rehab in Ohio and decriminalize marijuana use in Arizona. Many of these proposals are relatively modest, but the pro-pot forces are also raising the stakes. In spite of the electorate's contentment with the paradox of loose enforcement, some particularly powerful people on both sides have taken extreme viewpoints in an effort to end the political stalemate and force Americans to choose. Either pot is not so bad and should be legal, or people should be arrested for smoking it. The battlefield for the showdown is Nevada, where Question 9 would allow adults to possess up to 3 oz. of pot for personal use. In fact, the state government would set up a legal market for buying and selling pot. To almost everyone's surprise, the race is too close to call.