U.S. Softens Threat to Deny Highway Aid

The U.S. Department of Transportation on Monday backed off a threat to deny California about $92 million in highway aid because the state has failed to comply with the “smoke a joint, lose your license” law.

Newly appointed Transportation Secretary Rodney E. Slater agreed to give Gov. Pete Wilson and the Democratic-controlled Legislature more time to enact necessary state legislation.

In a letter to the Republican governor, Slater did not set a deadline, but asked for a progress report by March 18, including a proposed date “by which California will be in full compliance.”

He said he then would “review the matter and make a decision” on whether to approve or deny the approximately $92 million due California this year--10% of the state’s total federal highway funding.

Meanwhile, both the Senate and the Assembly may be close to a compromise that would eventually reinstate California’s “smoke a joint, lose your license” law, according to Senate leader Bill Lockyer (D-Hayward).

Monday’s decision by the federal government appeared to defuse, at least temporarily, a confrontation between the Clinton administration and California over the long-festering driver’s license issue.

Under a 1991 federal anti-drug law, states are given the choice of either enacting laws that revoke or suspend driver’s licenses of drug offenders or declaring publicly their refusal to enact such laws.

In either case, governors must certify their state’s position to the Department of Transportation or face a cutoff of highway funds.

Critics contend that the “smoke a joint, lose your license” law is unfair because it applies to anyone convicted of a drug violation without regard to operation of an automobile.

They note that California long has had a law that suspends or revokes the license of drivers convicted of operating a vehicle under the influence of drugs or alcohol.

Under federal pressure last summer, Wilson and the Legislature enacted a California version of the “smoke a joint, lose your license” law. It expired March 1 without being renewed.

Wilson and legislators appealed Feb. 28 for an extension of time, contending that progress was being made to bring California into compliance.

Wilson supports suspending driver’s licenses in drug cases, but many in the Legislature do not.

Slater announced the granting of an extension only a few hours after the state Senate approved a bill, 23-3, which declares California’s opposition to loss of a license because of a drug conviction.

Last month, the Senate defeated the proposal (SB-131) by Sen. Quentin Kopp (I-San Francisco), but reversed itself Monday and sent the measure to the Assembly.

The Assembly, meanwhile, has passed a bill that would renew California’s “smoke a joint, lose your license” law.

Lockyer predicted that a compromise would emerge in which the Legislature would pass both bills and send them to Wilson, who would sign them both, allowing lawmakers on both sides to proclaim a political victory.

The bill signed last, however, would prevail as law, Lockyer said, adding that the Assembly bill, which would keep the “smoke a joint, lose your license” provision intact, would probably prevail.