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.