BALLOT MEASURES Besides Proposition 36, seven
other initiatives have qualified for the November ballot in
California. Other measures may be added later. SOURCE: California
Voter Foundation Original graphic by ADAM BROWN/Daily Bruin Web
adaptation by CHRISTINE TAN
By Michael Weiner
Daily Bruin Senior Staff
A measure on the November ballot is asking Californians to
approve a significant change in state substance abuse policy, by
mandating treatment and probation rather than incarceration for
many drug offenders.
Proposition 36, known as the Drug Treatment Diversion Program
Act, would require that most first- and second-time offenders
convicted of the possession, use or transportation of illegal
substances ““ including marijuana, cocaine, heroin and
methamphetamines ““ be put in treatment programs rather than
prison. The initiative does not apply to those convicted of the
sale or manufacture of drugs.
“The goal is to break the cycle of drug-related crime
through the proven method of providing treatment instead of
incarceration for people who should not be behind bars,” said
Dan Abrahamson, the measure’s co-author and the director of
legal affairs at the Lindesmith Center-Drug Policy Foundation, a
leading advocate for national drug policy reform.
But opponents of Proposition 36 say that treatment programs
can’t work unless unless drug offenders are held accountable
by the criminal justice system.
“It effectively will decriminalize hard-core drugs,”
said Jean Muñoz, spokeswoman for Californians United Against
Drug Abuse, the anti-36 campaign. “It will actually undermine
treatment programs in California.”
The fight over Proposition 36 is shaping up to be one of the
most bruising battles of the election season, with both sides
investing millions of dollars and enlisting the support of big-name
celebrities and politicos.
The campaign in favor of the initiative is being funded by
several wealthy business leaders, including billionaire
philanthropist George Soros, who also bankrolled the successful
effort in favor of Proposition 215, the 1996 California initiative
that legalized marijuana for medical use. That measure has since
been largely delegitimized by the U.S. Supreme Court.
Spearheaded by the powerful state prison guards union, the
campaign against Proposition 36 also has high-profile support from
actor Martin Sheen and President Clinton’s drug czar, Barry
McCaffrey.
According to a Field Poll released Aug. 30, most Californians
have not yet heard of Proposition 36, though 55 percent of the
respondents said they were inclined to support the provisions in
the measure. Twenty-seven percent were opposed, with 18 percent
undecided.
Specifically, the initiative would require court-supervised
treatment and probation for up to a year, as well as up to six
months in follow-up care, for those convicted of nonviolent drug
possession offenses. Most felons with a history of violent crime,
as well as those who fail treatment programs two or more times,
would not be eligible.
According to a report by the independent Legislative
Analyst’s Office, the initiative would result in $100 to $150
million in annual savings to the state due to the lower cost of
prison operations. In addition, the state would be able to delay
the construction of more prisons, thus saving another $450 to $550
million.
Supporters of Proposition 36 point to a 1994 study by the RAND
Corporation regarding the supply and demand of cocaine. The report
found that for every dollar spent on drug treatment programs, there
were $7.48 in resulting “social benefits.”
Proponents also compare Proposition 36 to a similar initiative
Arizona voters passed in 1996. A study by the state’s Supreme
Court found that in the measure’s first full year of
implementation, 61 percent of the offenders who completed treatment
programs did so successfully.
“The state doesn’t have to warehouse people in jails
and prisons,” Abrahamson said. “They are productive
members of the community.”
But Muñoz disagreed, saying that the Arizona initiative has
been far from successful. “If you talk to people in Arizona,
they will tell you that it is not working,” she said.
One of the most prominent opponents of Proposition 36 is U.S.
Drug Czar McCaffrey, whose name tends to evoke either admiration or
disdain, depending on who you talk to. According to Abrahamson,
McCaffrey has expressed support for similar proposals in the past,
but won’t back the California measure for political
reasons.
“General McCaffrey is a consummate politician,”
Abrahamson said. “To cover his flank politically, he thinks
he has to oppose it.”
But McCaffrey’s spokesman, Bob Weiner, said while the drug
czar supports the expansion of drug treatment programs, he sees
Proposition 36 as dangerous.
“It’s got worthy objectives but our concern is that
it might throw the baby out with the bath water,” Weiner
said. “Without accountability, no treatment program can be
effective.”
Californians will vote on Proposition 36, along with at least
seven other ballots measures, Nov. 7.