NEWS ITEM

California Court of Appeal Affirms Injunction Against Incarceration of Non-Violent Drug Offenders

Rules that State Statute Did Not Further the Intent of Voter-Enacted Proposition 36

November 5, 2009 -- The California Court of Appeal ruled today that a state statute that would have permitted incarceration of non-violent drug offenders violated the California Constitution because the statute did not further the purposes of Proposition 36. Proposition 36, which was adopted by voter initiative in 2000, mandates probation and drug treatment, rather than incarceration, for most non-violent drug possession offenses. Proposition 36 permits the Legislature to make statutory amendments that further the intent of the voter initiative, not amendments that would be contrary to the intent of the voters.

The Court of Appeal also ruled that a provision of the same state statute that would have automatically called a referendum to amend Proposition 36 is invalid, because it was contrary to the method provided in the California Constitution for amending voter initiatives.

Altshuler Berzon LLP represented the Drug Policy Alliance, California Society of Addiction Medicine, and Proposition 36 author Cliff Gardner in challenging the state statute. The California Medical Association and California Psychiatric Association submitted an amicus curiae brief in support of the challenge.

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