Skip to main content

Treatment Not Jail

Money Is Gone, but Proposition 36's Drug Treatment Mandate Remains

Enacted by 61 percent of voters in November 2000 as Proposition 36, the law says first- and second-time nonviolent, simple drug possession offenders must be given the opportunity to receive substance abuse treatment instead of jail time. That "must" isn't a suggestion; it would take another voter-approved ballot measure to undo it. County officials who administer the state's treatment-not-jail program for certain drug offenders are struggling with a lack of funding that's not likely to improve, but advocates say ignoring the mandate simply isn't an option.

Big Changes to Kentucky Drug Laws Advance in Legislature

Kentucky's House Judiciary Committee approved the most sweeping changes to the state's penal code in a generation in an effort to reduce prison and jail crowding. The committee voted unanimously to send House Bill 463 to the full House, where a floor vote is expected tomorrow. The result of much negotiation and compromise, the bill would steer many drug addicts into treatment and community supervision rather than prison. It drew praise from prosecutors, defense lawyers, judges and local leaders. The Kentucky Chamber of Commerce endorsed it, warning that the state's incarceration costs are draining resources that could better be spent on education.

Hearing on Indiana Marijuana Study Bill Today (Press Release)

FOR IMMEDIATE RELEASE            February 15, 2011

Hearing on Indiana Marijuana Study Bill Today

CONTACT: Morgan Fox, communications manager………………………(202) 905-2031 or [email protected]

INDIANAPOLIS — The first hearing on S.B. 192 took place today to discuss the need to study the marijuana laws in Indiana and find alternatives to arrest and incarceration. S.B. 192 would create a mandate requiring lawmakers to investigate other options to the marijuana laws that put non-violent Hoosiers behind bars and tie up scarce resources that the public would rather see spent on infrastructure. The bill is sponsored by Sen. Karen Tallian (D-Dist. 4).

            “It has become painfully obvious that our current marijuana laws are not effective,” Sen. Tallian said. “We spend a sizable amount of money every year going after marijuana users and locking them up for a non-violent crime, while more important programs that desperately need funds go wanting. I think we need to take a very close look at the laws we have, determine what is working and what isn’t, and explore every possible alternative. This bill will make sure that we, as lawmakers, commit to this course.”

            Over a dozen people testified at the hearings, including policy experts, former law enforcement officers, and medical marijuana patients that suffer from the threat of arrest under the present system. One speaker, C.J. Parker, said, “I am a Gulf War Era Veteran and former police officer who suffers from over 20 diagnosed illnesses, including PTSD, and have been 100% unemployable since 2004 due to the combined effects of my illnesses. I have had no success with the over 30 pharmaceutical medications that have been prescribed to me over the last 9 years, but have found great relief from treating my illnesses with marijuana. It is time my elected leaders take a look at how to allow people like me to live without the fear of arrest.”

            A local leader in the marijuana reform community, Joh Padgett, said, “I have been a cannabis [marijuana] therapy patient for many years treating diabetic neuropathy, and pain associated with chronic venous stasis, edema, and a blood clotting disorder that has reduced circulation in my legs by 80%. I co-founded ReLegalize Indiana with our Chairman, Bill Levin, in January 2010 to give a voice to patients in Indiana like me who can benefit greatly from medical cannabis. Proper medical research is something we do well in Indiana and it is time we allowed our world-class researchers and our most vulnerable citizens to study and access a therapy allowed in 15 states and the District of Columbia.”           

            With more than 124,000 members and supporters nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.mpp.org.

####

Bills Aim to Improve Drug Treatment, Cut Prison Costs Through Alternatives to Incarceration

After months of study, Kentucky's General Assembly will begin considering proposals next week aimed at reducing the state's soaring prison population and thereby curbing costs through such things as better drug treatment and alternatives to incarceration. Two identical 135-page bills were filed in the Senate and House, the work product of a task force that examined a wide range of corrections issues.

Columbian Marching Powder: How Reforms to the Rockefeller Drug Laws Could Help the Alleged Ivy League Drug Dealers

In 2009, after years of debate and political wrangling, the New York state legislature finally passed a bill revising the state's notorious Rockefeller drug laws. Now it turns out that the first high-profile beneficiaries of the reforms could be a bunch of kids from Columbia University. The arrest of five students on Dec. 7 — they allegedly sold $11,000 worth of marijuana, cocaine, ecstasy, Adderall, and LSD — may be a "test case" for the new reforms.

US Supreme Court Hears California Prison Crowding Case, Advocates Urge California to Focus on Resolving Crisis, Including Ending Prison as Response to Drug Use (Press Release)

FOR IMMEDIATE RELEASE: November 30, 2010
CONTACT: Margaret Dooley-Sammuli at 213-291-4190 or Tommy McDonald 510-229-5215

US Supreme Court Hears California Prison Crowding Case

Advocates Urge California to Focus on Resolving Crisis, Including Ending Prison as Response to Drug Use

10,000 in Prison for Drug Possession at Cost of $500 Million a Year

WASHINGTON - November 30 - The United States Supreme Court heard oral arguments today in Schwarzenegger v. Plata, a landmark prison rights case in which a federal court found the unconstitutional conditions of California's prisons were caused primarily by overcrowding and ordered California to reduce prison overcrowding from over 200% of design capacity down (by about 40,000 people) to 137.5% of capacity within two years. California has conceded that the state's prison conditions are unconstitutional but has nonetheless asked the Supreme Court to put the states' right to administer its prisons before the constitutional rights of individuals who are wards of the state.

"One of the primary reasons that the state's prisons are dangerously overcrowded is that California continues to lock up thousands of people each year for low-level drug possession. There is no basis in evidence or principle to expose people to this dangerous environment simply for the possession of a small amount of illicit substances," says Margaret Dooley-Sammuli, deputy state director for the Drug Policy Alliance in Southern California. "California must follow the lead of other states like Texas and New York and stop sending people to state prison for drug possession, which can be handled as a health issue safely, effectively and affordably in the community."

"The state currently spends $500 million a year to incarcerate 10,000 people for nothing more than personal drug possession," Dooley-Sammuli continued. "That does not include the unknown number of parolees who have been returned to prison for a few months based on the results of a drug test. This is a terrible waste of scarce resources. Treatment in the community is effective and affordable. Unfortunately, California this year eliminated funding for community-based treatment for drug possession arrestees."

"People who use drugs do not belong in the state's cruel and costly prisons simply for that personal use. We urge California to take the logical step of ending incarceration as a response to drug possession, while expanding opportunities for drug treatment in the community," continued Dooley-Sammuli.

UN Drug Czar: "Drug Use Is a Health Problem, Not a Crime"

On his first visit to Afghanistan since assuming duties as UNODC Executive Director in September, Mr. Yury Fedotov visited Jangalak Treatment Center, in Kabul, Afghanistan, last week. The center offers treatment and follow up care for recovering drug users. "Drug use is a health problem, not a crime", said Mr. Fedotov. "Drug users are affected by a disease - addiction - and instead of punishment, what they need is treatment, care and social integration. They should not be stigmatized, repressed or further marginalized. Like all people, they deserve to be treated humanely. I believe in placing a strong emphasis on safeguarding health, human rights and justice", he added.

Drug Prohibition Related Cases Clogging Philippine Courts

Drug prohibition related cases are clogging the dockets of the country’s courts and, as a result, jails are filled with drug suspects. Former Supreme Court Associate Justice Adolf Azcuna and present head of the Philippine Judicial Academy, said, "If you want to restore the drug offenders, you should be improving the places where you help drug addicts recover from their addiction."

Drug-Addicted Criminals Will Be Spared Jail

Criminals who are addicted to drugs will be spared jail and sent for treatment instead under plans being drawn up by Kenneth Clarke. He has publicly questioned whether prison is the best place to deal with offenders who are addicted to drugs.
Subscribe to Treatment Not Jail