Pubdate: Mon, 23 Jul 2001 Source: Orange County Register (CA) Section: Local Copyright: 2001 The Orange County Register Contact: http://www.ocregister.com/ Details: http://www.mapinc.org/media/321 Author: Chris Reed and Susan Gill Vardon Bookmark: http://www.mapinc.org/prop36.htm (Substance Abuse and Crime Prevention Act) ANAHEIM TOUGH ON PROP. 36 CASES Courts City Attorneys Pursue Appeals To Jail Drug Offenders Caught With Paraphernalia The Anaheim City Attorney's Office is taking a tougher stance on Proposition 36 cases than most jurisdictions, saying that misdemeanor offenders caught with paraphernalia as well as drugs do not qualify for drug treatment under the initiative. The city's tough interpretation is spurring complaints from supporters of the initiative, which took effect July 1. They say the clear intent of the law is to put nonviolent drug offenders in rehab, not behind bars. But Anaheim city attorneys say that Prop. 36 -- approved by voters in November -- is silent on drug gear, leaving them no choice but to appeal seven cases where judges refused to jail drug users caught with pipes or syringes. We feel it is neither within the letter or spirit of Proposition 36 to allow users of drugs who also are in possession of paraphernalia to be diverted to rehabilitation," City Attorney Jack White said Sunday. Anaheim city attorneys try misdemeanor drug cases, while the Orange County District Attorney's office handles the felony drug cases, White said. Anaheim's stand frustrates Dr. Peter Banys, the president of the California Society of Addiction Medicine and co- author of ballot arguments for Prop. 36. The intention was to basically change the prevailing paradigm for how we deal with drugs," said Banys, a San Francisco physician. Drug abuse goes along with paraphernalia like bread and butter." White said a higher court decision would clarify the law. This will be guidance hopefully not only for Anaheim but other prosecuting agencies throughout Orange County and California," he said. - --- MAP posted-by: Beth