INITIATIVE FAILS THE DRUG TEST Proposition 36 is an extreme measure that would decriminalize some hard-core drugs, strip California judges of discretionary power and gut county drug courts. It fails the test of responsible government and should be rejected by the state's voters. Its most serious flaws are the exclusive use of rehabilitation for most nonviolent drug users and its less-serious view of heroin, PCP and crack cocaine. Proposition 36 would authorize $120 million per year for the next 5 years for drug-treatment programs across the state. That's the upside; rehab is an essential component in every addict's recovery and California could use more resources in this area. But, in reality, treatment without punishment yields limited results. The best argument against this measure comes from San Joaquin County Superior Court Judge Rolleen McIllwrath, who, writing Sunday on these pages, said, "To treat addiction with no consequences for the addict's behavior takes us right back to the past." Drug courts, she goes on to write, point addicts toward a better future. Among Proposition 36's other, serious flaws: it prevents using the money for drug testing, the key to accountability and any successful program. Those closest to drug users see the initiative as undoing the progress made in drug treatment while perpetuating addiction. While we applaud the measure's humane look at nonviolent drug users, it falls so short of dealing effectively with the problem that it's almost scary. Proposition 36 is a one-size-fits-all and extreme measure that will undermine current efforts and endanger the public. Voters should reject it.
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