Possession of illegal drugs remains a felony, but for the first two convictions, the punishment is treatment, not prison. Opponents claim Proposition 36 hurts drug courts. Opponents claim drug offenders with loaded firearms will only get treatment. Carrying concealed weapons is a separate crime for which one can be jailed. They claim offenders in treatment won t be drug tested.
Judges can order testing and require offenders to pay for it and their treatment.
Proposition 36 requires all programs to be licensed. They try to scare you by saying sex offenders with date rape drugs benefit from this initiative. Opponents argue that drug users must be kept on the job, including airline pilots and bus drivers. Nothing in Proposition 36 prevents anyone from being fired for a drug offense, or from being fired for failing a drug test. Opponents say the initiative has hidden costs, but the impartial Legislative Analyst says the initiative will generate huge savings, after treatment programs are paid for.