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Web Scan: Mark Fiore, Tony Papa, Dean Kuipers

Mark Fiore animation: The United States of Incarceration

former prisoner turned activist Anthony Papa knocks narcotics prosecutor for Rockefeller reform distortion in NYT letter to the editor

"Burning Rainbow Farm" author Dean Kuipers on "The Spirit of Tommy Chong," posted on Alternet's Drug Reporter

Feature: Living on Katrina Time -- Lost in Louisiana's Gumbo Gulag

New Orleans resident Pearl Bland was arrested and jailed on drug paraphernalia charges in August 2005, just weeks before Hurricane Katrina devastated the city. She pleaded guilty on August 11, and her judge ordered her released the next day for placement in a drug rehabilitation program. Recognizing Bland was indigent, he waived the fines and fees. But Bland was not released the next day. The Orleans Parish Prison (OPP) instead held her because she owed $398 in fines and fees from an earlier arrest. She had one more court hearing in August and a September 20 status hearing was set where in all probability the fines and fees would have been waived.

Pearl Bland never got her September hearing. Instead, once Katrina hit, she joined thousands of prisoners stuck in purgatory. After suffering beatings from her fellow inmates in the OPP as deputies shrugged their shoulders, Bland was evacuated, first to the maximum security state prison at Angola and eventually to a jail in Avoyelles Parish. In June, she desperately contacted the American Civil Liberties Union (ACLU), which in turn contacted attorneys with the Tulane University Criminal Law Clinic, who managed to win her release on June 28. Bland wasn’t there for her release hearing, just as she hadn’t been present at four previous hearings in the preceding weeks, because her jailers couldn’t be bothered to deliver her to court.

"Pearl Bland spent 10 months in prisons around the state because of $398 in fines and fees that her judge would most likely have waived if she had ever gotten to court," said Tom Javits, an attorney with the ACLU's National Prison Project. "But because of the storm and the the response to it, she didn’t get her day in court for months, and then only because she sought out help," he told the Drug War Chronicle.

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ACLU report
It would be bad enough if Pearl Bland were a fluke, but sadly, her case is typical of what happened to people unfortunate enough to be behind bars when Katrina hit or to be arrested in the storm's aftermath. As the ACLU National Prison Project and the ACLU of Louisiana documented in their early August report, "Abandoned and Abused: Orleans Parish Prisoners in the Wake of Katrina," thousands of New Orleanians in custody when the storm hit were left on their own as guards fled the rising waters. Since then, those prisoners have been scattered to the winds, left without counsel, abused by guards, and left to rot by a justice system that is seemingly content to forget all about them. And with post-Katrina reconstruction bearing a very heavy law enforcement imprint, they have been joined by thousands more, many of them imprisoned for trivial crimes like spitting on the sidewalk, public drunkenness and simple drug possession.

A year after Katrina, thousands of prisoners have never seen an attorney, never been arraigned, never appeared before a judge. Scandalously, no one has a firm count -- or if they do, they're not telling. "Nobody knows the numbers," said law professor Pamela Metzger, who heads the Tulane Law School Criminal Law Clinic and whose students have been going into Louisiana jails and prisons in search of the Katrina prisoners. "When we ask the district attorney's office to assist us with this, just so people can get lawyers, they say it's not their job. Just since June, my students have been able to track down and get released about 95 people," said Metzger. "But we just have no one of knowing how many are in jail."

When the Chronicle asked ACLU of Louisiana executive director Joe Cook the same question, he had a similar answer. "I don't know what the number is. Ask the district attorney," he said.

The New Orleans district attorney's office did not return repeated calls seeking information on the number of people arrested before or after Katrina who have yet to see a lawyer or have a court hearing. Similarly, and perhaps indicative of the state of affairs at the public defenders office, no one there even answered the phone despite repeated calls. (That's not quite true. On one occasion, a woman answered, but she said she was an accountant and no one else was in the office.)

Published estimates of the number of New Orleans prisoners denied their basic rights to counsel and speedy trial have ranged between 3,000 and 6,000.

Part of the problem is the nearly total collapse of the indigent defender system in the city. It was in terrible shape before the storm hit, and collapsed along with the rest of the criminal justice system in the storm's wake. But while authorities were quick to get law enforcement up and running, it took until June for the criminal courts to begin to operate, and the public defenders' office, which depends on revenue from fines to finance its operations, was running on fumes. Now, nearly three-quarters of the public defenders have simply left even though they are needed to represent about 85% of all criminal defendants in the city.

The situation aroused the attention of the US Department of Justice, which in a report released in April concluded that: "People wait in jail with no charges, and trials cannot take place; even defendants who wish to plead guilty must have counsel for a judge to accept the plea. Without indigent defense lawyers, New Orleans today lacks a true adversarial process, the process to ensure that even the poorest arrested person will get a fair deal, that the government cannot simply lock suspects [up] and forget about them... For the vast majority of arrested individuals," the study found, "justice is simply unavailable."

The situation is also beginning to grate on the nerves of New Orleans judges. In May, Chief Judge of the Criminal District Court Calvin Johnson issued an order requiring everyone charged with traffic or municipal offenses to be cited instead of jailed. The city has "a limited number of jail spaces, and we can’t fill them with people charged with minor offenses such as disturbing the peace, trespassing or spitting on the sidewalk... I’m not exaggerating: There were people in jail for spitting on the sidewalk," he complained.

Last week, another New Orleans criminal court judge, Arthur Hunter, made the news when he threatened to begin holding hearings this week to release some of the prisoners held for months without attorneys or court hearings. That was supposed to happen Tuesday, but it didn't. Instead, Judge Hunter postponed the hearing after prosecutors raised concerns.

While disruptions in the system were inevitable in the wake of Katrina, Tulane's Metzger laid part of the blame on the district attorney's office. "They have made some poor resourcing choices and they are hampered by a sort of knee-jerk response that everything has to be prosecuted to the fullest extent. They are not really looking to clear cases; instead they let people sit without lawyers until they're willing to plead guilty," she said. "It's a form of prosecutorial extortion."

It is not just people who were in jail when Katrina hit, but many of those arrested since who have vanished into the gumbo gulag, said Metzger. "Last week we found a man who had been jailed at the Angola maximum security prison since January. He was picked up for drug possession, his only prior was for marijuana, and he's been sitting in one of the meanest prisons in the country without even seeing a lawyer for eight months," she exclaimed. "We won an order for his release. He was supposed to get out Tuesday, but he's still in jail. We just don’t know how many more there are like him."

The district attorney's office is not only uncooperative, it is downright obstinate, Metzger complained. "We filed a right to speedy trial claim on behalf of a man named Gregory Lewis who had already served 10 months on a drug misdemeanor with a six-month maximum. The district attorney's office fought that, and their motion actually said, and I quote, 'It's not unreasonable to hold alleged drug addicts in jail longer than other people; it allows the deadly drugs to leave their system,'" she said.

The district attorney's office motion referred obliquely to detoxification, which is ironic given that there is now no such facility in New Orleans. "There is not a single detox bed in the whole city," said Samantha Hope of the Hope Network, a group that is seeking private funding to open a treatment and recovery center in the heart of the city. "Most folks in OPP right now are people who couldn’t get access to treatment for an alcohol or drug problem. That's the way it's been since day one," she told the Chronicle. "Rather than criminalize people with an alcohol or drug problem, we need to find a way to give them support. Confronting our money-eating corrections system, our good ol' boy network, and racism, that is hard to do."

The Tulane students have filed some speedy trial cases, but not everyone is fortunate enough to have a Tulane law student working his case so he can file a speedy trial claim. "In order to file a motion for a speedy trial, you have to have a lawyer, and thousands still do not have counsel,' explained ACLU of Louisiana's Cook. "The indigent defense system was broken long before Katrina hit, and now it is just a disaster," he told the Chronicle.

Drug war prisoners make up a significant but unknown number of those doing "Katrina time," said Cook. "It is definitely a significant proportion of them," he said, "but many of them have not even been formally charged. In New Orleans, as in most large urban areas, it's probably safe to say that a plurality of felony arrests are drug-related."

There are solutions, but they won't come easily. "We have to have a public defender's office that is funded with secure, predictable funding," Metzger recommended. "We have to get beyond relying on fines to fund that office. If we had had public defenders, there would have been someone watching to catch the abuses," she said.

"Second, we need to have prosecutors who understand their obligations to the community," Metzger continued. "Their job is not simply to get convictions but to do justice, and what that means will vary according to the individual facts and circumstances. What post-Katrina justice requires is not what justice required before Katrina. If you were living in New Orleans in the fall of 2005 and you weren’t drunk or high, there was probably something wrong with you. Everyone was medicated or self-medicating."

Cook had his own set of recommendations for a fix. "First, we turn up the heat. I just visited the DA this morning and asked him to speed up processing," he revealed. "We want to ensure there is a coordinated emergency evacuation plan for all the prisons and jails and we've asked the Justice Department's civil rights division to look at what happened at OPP and since. Part of that will be looking at why these people didn’t get defense counsel or have their day in court."

Turning up the heat is precisely what one recently formed community group is trying to do. And it's not just the prosecutors and public defender system it is targeting. "The police department has taken a new view of who belongs in the city now, and that view doesn’t include poor black people," said Ursula Price of Safe Streets, Strong Communities, a group organizing people who were in the jail or otherwise brutalized by police. Safe Streets, Strong Communities is running two campaigns, one to strengthen the indigent defender system and one about improving conditions at the jail itself. "They tell our members 'you shouldn’t have come back, we don't want your kind here,'" she told the Chronicle. "Race is an issue, economics is an issue, and our teenage boys are bearing the brunt of it. They are harassed all the time by the police."

It is a matter of choices, said Price. "We have as many cops as before the storm, and half as many people, and we just gave the cops a raise. The city finance department deliberately spends the vast majority of its money on public safety, and then there is nothing left for social services, which are deliberately being sacrificed," she said. "But I'm encouraged because the community is starting to take note. When people found out we were spending half a million dollars a week on the National Guard without it having any impact, they started to get mobilized."

Cook had a full list of needed reforms, ranging from downsizing the jail population by stopping the practice of using it to hold state and federal prisoners, to creating adequate programming for health care and treatment within the jail, to decreasing the number of people held as pretrial detainees. "We need pretrial diversion, bail reform, and cite and release policies to hold down the jail population," he argued. "There needs to be the political will to do this. It's a crime to jail a kid when there is a choice, and there are many other choices. And we ought to be treating drug abuse as a public health issue, not a law enforcement issue."

The prospects look gloomy. "It is going to take enlightened leadership, and I see only a glimmer of hope for that," said Cook. "But we are not giving up. The state juvenile justice system is finally undergoing reforms because of pressure from families and activists, and I think it will take the same sort of effort to fix things at the adult level and here in New Orleans, at the parish level. That is already happening here with the OPP Reform Coalition, the Safe Streets people, and all that."

But there is a long, long way to go in New Orleans.

Industrial Hemp: California Assembly Passes Hemp Bill, Will Schwarzenegger Sign It?

The California Assembly Monday passed a bill that would allow farmers there to produce hemp oil, seed, and fiber for nutritional and industrial purposes. The bill, AB 1147, was sponsored by Assemblymen Mark Leno (D-San Francisco) and Chuck DeVore (R-Irvine), and passed by a margin of 43-28. It has already passed the state Senate and now awaits the signature of Gov. Arnold Schwarzenegger (R).

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hemp plants
Hemp is a $270 million industry, but American farmers are at a disadvantage because federal law bans its production -- but not its importation. California law currently mirrors federal law in failing to differentiate between industrial hemp and marijuana. If signed into law, the California bill would not mean farmers there could begin growing hemp, but it would add pressure on the federal government to revisit the issue.

Both hemp and marijuana are members of the cannabis family, but are different cultivars within that family. Hemp contains only trace levels of THC, the primary psychoactive ingredient in recreational marijuana, but its fibers are used in paper, clothing, car parts, and building materials, and its seeds and oils are used as food products.

"Hundreds of hemp products are made right here in California, but manufacturers are forced to import hemp seed, oil and fiber from other countries," said Leno during debate on the bill. "When this bill becomes law, it will be an economic bonanza for California."

The bill passed on partisan lines, with only one Republican joining Democrats to vote for it. GOP lawmakers resorted to Reefer Madness-style posturing to explain their opposition. "As a conservative Republican, I can't have my name attached to hemp," said Assemblyman Dennis Mountjoy (R-Monrovia). According to Mountjoy, the bill would make the fight against marijuana cultivation more difficult because hemp "sends off the exact same heat signal that is used to spot marijuana crops." Assemblyman John Benoit (R-Palm Desert) sang the same tune, claiming marijuana and pot plants are "indistinguishable."

But law enforcement officers in the 30 countries where hemp is grown legally seem to be able to tell the difference, a point that Assemblyman Leno made. The differences between marijuana and hemp are such that "a five-year-old could tell the difference... Law enforcement who have the gift of sight would have no trouble."

"We thank legislators from both parties that listened to the facts about industrial hemp and made an historic decision to bring back the crop," said Eric Steenstra, president of Vote Hemp, an advocacy group that supported the bill. "Passage in the California Legislature is a major accomplishment for the authors and sponsors of the bill, as well as for thousands of environmentally-conscious voters, farmers and businesses who wrote California legislators," says Steenstra.

No word yet on whether Schwarzenegger will sign or veto the bill.

Harm Reduction: Needle Access Bills to Become Law in Delaware, Massachusetts

Governors in two states Monday signed into law bills that would ease injection drug users' access to clean needles. In one case, legislators overrode a gubernatorial veto to enact the law; in the other, the governor fended off Republican opposition to sign the bill.

In Delaware, Gov. Ruth Ann Minner signed into law a bill that will create a pilot needle exchange program in Wilmington. In her signing statement, Minner said she hopes the program will lower the state's HIV/AIDS infection rate and long-term health care costs associated with the disease.

Meanwhile, the Massachusetts Senate voted Monday night to join the House in overriding a Gov. Mitt Romney (R) veto of a bill that decriminalizes the possession of needles without a prescription and deregulates their sale.

Now, New Jersey is the only state with neither a needle exchange law nor a law providing access to needles without a prescription.

Sentencing: Bill to Study Habitual Drug Offender Registry Introduced in Maine

First, it was the sex offenders. Then it was the meth cooks. Now, a bill introduced in the Maine Senate would lay the groundwork for what would be the nation's first registry of habitual drug offenders. While proponents of such life-long branding of people who have completed their prison sentences cite public safety, opponents say registries unfairly stigmatize people who have paid their debt to society.

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drug prevention or drug dealer advertising?
Registries are especially controversial now in Maine. In April, two former sex offenders living in the state were murdered by a Canadian man who apparently obtained their addresses from the state's sex offender registry.

Introduced Tuesday by Sen. Bill Diamond (D-Cumberland County), the "Act to Study a Maine Habitual Drug Offender Registry" would direct the legislature's Criminal Justice and Public Safety Committee to study creating a registry of persons repeatedly charged with drug dealing offenses. In published remarks, Drummond, who is co-chair of the committee, portrayed the measure as one aimed at helping families protect children.

"Drug abuse and the crime it perpetrates are one the rise in Maine. My intent is to take deliberate steps to examine any way and every way this increase can be combated," said Sen. Diamond in a press statement. "This legislation is a first step toward a tool Maine families can use to keep our communities and children safe from drugs and drug related crimes."

Drug arrests are up in Maine, along with an overall increase in the crime rate, and public officials were eager to blame drug use and drug sales. "2005 was the deadliest year in Maine for drug overdoses and a rash of bank, pharmacy and convenience store robberies were fueled by the demand for money to feed growing drug habits," said Public Safety Commissioner Michael Cantara in releasing crime and drug bust figures after a major cocaine bust last week.

"Mainers will not sit back and let these drugs continue to come into our state and corrupt our children. We need to make every effort, investigate every avenue, to fight drugs in our state. 'An Act to Study a Maine Habitual Drug Offender Registry' is just one avenue that could end up making a difference in bringing safety back to our streets," said Diamond.

But the bill has its critics. "Establishing a yellow pages for convicted drug dealers doesn't sound like a good idea to me," Shenna Bellows, executive director of the Maine Civil Liberties Union told the Portland Press-Herald. "A better use of taxpayers' dollars would be to fund public education to keep kids off drugs and rehabilitation to keep users from turning into dealers."

The registry concept has also been criticized on moral, religious grounds. Frank Macchia, a minister in the Assembly of God, critiqued the broader issue of offender registries in an article last month in the magazine of ecumenical thought Vital Theology, criticizing sex offender registries as aiming to stigmatize and humiliate, rather than enhance public safety. Rather than seek to humiliate sinners, wrote Macchia, "As the people of God, we should not only seek to bear witness to Christ and to the redemptive grace that Christ channels to us, but also function in the public arena as salt of the earth."

So there are unanswered questions: Would such a registry turn out to provide advertising for would-be repeat offenders seeking more clientele, hence defeat their purpose? (They are calling it a "habitual" drug offender registry, after all, the group of people statistically most likely to re-offend.) And who will get the contract for the Scarlet Ds?

Editorial: Do We Really Want to Help Kids Find the Drug Dealers?

David Borden, Executive Director

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David Borden's usual Thursday evening editing session
One of this week's drug war news items is a legislative effort in the state of Maine to create a committee to study the possibility of a registry, accessible to the general public, of people who have been convicted repeatedly of drug offenses. Supporters have portrayed the idea as a way to help families protect their children from people in Maine who may want to provide drugs to them.

Even using drug war logic (generally a bad idea), this idea fails pretty decisively. Most kids don't start using drugs because they are offered them by professional dealers. Most kids start using drugs because they are offered them by other kids -- kids who are providing either for social reasons or because they have gotten involved in the criminal enterprise, but in either case not the repeatedly convicted adults who would pop up on the state's web site. It's also important to remember that most drug dealers never get caught, hence will never appear in the registry for that reason.

So while a registry would enable parents to be aware of some fraction of the serious drug dealers out there, it will miss (and perhaps divert attention from) the more common pathways through which drugs might get into the hands of their children. Furthermore, the same unstoppable economic process that turns any bust of a dealer into a job opportunity for new dealers, must also apply, at least partly, to any repeat dealers who lose business because some parents were able to keep their children clear of any given dealer -- if the kids are determined or even just willing, they'll wind up getting their drugs from someone else.

Most glaring, however, is an argument that was pointed out in a "practice" blog post by a member of our staff, Scott Morgan, on our soon-to-be-released new web site. Scott used a similar registry in Tennessee, limited to methamphetamine offenders, to show how usable it would be (perhaps is) to any young people, in any given county in the state, wishing to find leads on people in their county who might be able to sell them meth or other drugs -- an outcome exactly the opposite of what the registry purports to want to prevent.

The main difference (no pun intended) between Tennessee's registry and Maine's proposed registry, other than Maine's including all illegal drugs, is that Maine's is to be limited to "habitual" drug offenders, people who have been convicted of drug dealing multiple times. But repeat offenders are exactly the people who are the most likely to offend yet again -- the most usable listings for kids or others wanting to locate drug sellers conveniently narrowed down. But widening the registry to include all drug offenders won't help either -- because increasing the number of listings would also increase the registry's usability to kids wanting to find dealers. Either way you can't get around the idea that a drug offender registry is effectively a taxpayer-subsidized advertising campaign supporting drug dealing.

In the end, we must return to the issue that the primary way young people start to get involved in drug use is through the influence of other kids -- in many instances buying the drugs from other kids, in the schools. This is one of the factors that has led to an increased prevalence of handguns in schools -- where the underground market goes, so also tend to go weapons.

But it need not be that way. While use of alcohol by minors is a big issue (alcohol is just as much of a drug as any of the others, and a rather destructive one), at least kids are not buying it from other kids, in the school, from people who carry guns. That situation exists with the illegal drugs precisely because we have banned them. With drug legalization, the criminal problems associated with the trade in drugs would largely vanish -- no more armed drug trade in the schools, no more turf wars or open air markets.

And while the harm from the use of the drugs themselves will not simply disappear when prohibition is ended, the sheer level of destructiveness currently associated with addiction in particular would also drop substantially, as users would no longer be subject to the random impurities, and fluctuations in purity, that currently lead to poisonings and overdoses; and the high street prices drugs currently have would also drop, enabling many if not most addicts who are now driven to extreme behaviors like theft and prostitution to get the money to buy drugs to at least afford the habit through legal means of earning. Escalating the failed policy of prohibition won't accomplish this.

In the meanwhile let's at least cool it with these hare-brained ideas like drug offender registries. The continued stigmatization of people who have already been punished ought to be enough reason. But if it's not, the incredibly poor logic behind this idea ought to be. Do we really want to help kids find the drug dealers? I don't.

Free Advertising for Drug Dealers

Stupid drug war ideas are a usually a dime a dozen, but I’d pay a quarter for this one.

Officials in Maine are discussing the creation of an online registry of convicted drug dealers. Apparently this is the latest in a series of hysterical legislative responses to the epidemic of meth-related media coverage:

From the Bangor Daily News:

Tennessee was the first state to create a public Web site registry for convicted methamphetamine makers. It now has more than 400 convicted offenders on the list. Illinois created a similar registry earlier this year, and a half-dozen other states have pending legislation to create meth maker registries.

But if meth is so bad, why would you create a public database of local people that might have some for sale?

Somehow these well-meaning legislators forgot that drug transactions, unlike molestations, are consensual acts. Drug dealers don’t have victims, they have customers, and putting their names online is like advertising their services. For example, if I were looking for meth in Anderson County, Tennessee, I’d begin by looking here. See how easy that was?

Before you can say "counterproductive", they’ll be combating underage drinking by creating a public registry of liquor stores that sell to minors.

But if these lists weren’t such a horrible violation of privacy, I might support them, because this ill-conceived effort to shame and stigmatize the victims of America’s war on drugs may soon become a vast and ever-expanding memorial to the countless lives our drug laws have destroyed.

Location: 
United States

First Amendment: New Michigan Law Bans Methamphetamine Recipes on Internet

Little noticed among the package of anti-methamphetamine bills signed last week by Michigan Gov. Jennifer Granholm (D) was one that bans publication of recipes for cooking meth and provides civil sanctions for violating it. The bill does not specify that the web site be based in Michigan.

Under the new law, the state attorney general could bring a civil action against anyone who published such information on the Internet. Courts could order relief in various forms, including injunctions against the web site, actual damages sustained by the state or its residents, punitive damages, and attorney fees and costs.

The new law seems certain to be challenged on First Amendment grounds, a fact perhaps implicitly acknowledged by the state's fiscal analyst. "The bill would have an indeterminate fiscal impact on the judiciary," noted analyst Marilyn Peterson. "Any fiscal impact would depend on the number and complexity of lawsuits brought under the bill."

Harm Reduction: San Diego Reinstates Needle Exchange Program

The city of San Diego Wednesday rejoined the ranks of cities offering needle exchange programs as a public health service when the city council voted to reinstate the program. It had been dropped because of waning political support a year ago, but Wednesday it was re-approved on a 6-1 vote.

Needle exchanges were first approved in November 2001 and the program was launched in July 2002. It operated out of two centers, one in the East Village and one in North Park. During its operation, the program collected nearly 350,000 dirty needles and distributed more than 285,000 clean ones.

But until state law changed this year, cities or counties had to declare a public health emergency every two weeks to keep the programs operating. A year ago this month, the two-week vote failed, and the program was shut down.

Needle exchange programs are widely recognized to reduce the spread of diseases such as HIV and Hepatitis C by reducing the sharing of syringes. But some opponents accuse them of promoting or facilitating drug use.

Luana Stines, a pastor who addressed the council was one of them. "They don't need another needle," she said. "They need direction." Better to spend the money on faith-based counseling, she suggested.

No taxpayer funds are being used in San Diego. Alliance Healthcare, a local nonprofit that ran the program, has pledged $386,400 to fund it for the next two years.

Sentencing: California Governor Signs Bill Amending Proposition 36, Is Immediately Sued

California Gov. Arnold Schwarzenegger (R) Wednesday signed into law a bill that substantially alters the state's voter-approved Prop 36, the state's "treatment not jail" law. One of the authors of the measure, which mandates treatment not jail for first- and second-time drug offenders, immediately filed suit to block the law from going into effect.

The bill, which was tacked onto a budget bill and passed last month, allows "flash incarceration" of up to five days for people who have failed to participate in treatment programs. Championed by law enforcement and drug court professionals, the new law stands in stark contrast with the initiative approved by the voters, who approved Prop 36's "no jail" provisions by a wide margin. Under California laws, substantive changes in voter-approved initiatives must be done by the voters, not the legislature.

Prop 36 coauthor Cliff Gardner filed his lawsuit Wednesday afternoon in Alameda County Superior Court. He is being represented by Drug Policy Alliance (DPA) attorney Daniel Abrahamson. "Rather than veto SB 1137, the Governor opted to engage in a legal battle over what he knows is an unconstitutional law," said Abrahamson in a statement. "We have filed a complaint in Alameda County Superior Court, and are confident that Prop 36 and the will of the people will be upheld."

But Lisa Fisher, a spokeswoman for the California Department of Alcohol and Drug Programs, told the Associated Press the state would enforce the law unless a judge orders it not to. "We think that the reforms are furthering the purposes of Proposition 36," she said. "The one thing we have learned over the years is that jail sanctions need to be part of a whole package of sanctions that an individual can expect."

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