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.
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MAP posted-by: Beth