Drug Prop passes despite critics

"We certainly feel this will mean less drug addiction and less crime as well as huge financial savings."

But opponents feel the passage of Prop 36 will result in a criminal justice nightmare, according to Jean Munoz of Californians United Against Drug Abuse (CUADA). "Sadly the voters have been misled by three out of state wealthy billionaires attempting to legalize hard drugs."

The opponents of Prop 36 run the gamut -- from famed actor Martin Sheen to Senator Diane Feinstein and Governor Gray Davis. On the local level, District Attorney Jim Fox and San Mateo Superior Court Judge Quentin Kopp believe Prop 36 is unnecessary because of the current drug court system.

Drug court programs are the current rehabilitation programs which allow judges, prosecutors, defense lawyers and probation departments to send certain drug offenders into treatment programs instead of jail.

"First time drug offenders don't go to prison anyway," Fox said. "People have to offend multiple times before they go to prison."

Fox insists that during his 18 years as District Attorney he can not remember sending a person to jail for a simple possession charge.

But proponents of the Proposition argue the initiative is very important, especially because judges and D.A.'s are very selective about who they send to drug court. "It is currently up to the judges and the prosecutors if they will refer a case to drug court," said Deborah Vargas of the Center on Juvenile and Criminal Justice. "On top of that, not even one-half of the counties in California have drug courts."

Munoz said CUADA feels Prop 36 is misleading and will leave drug addicts no where to turn. "We hope the legislature will step in to help with the impact," Munoz said.

Fratello maintains that the criminal justice system will be able to handle this change in policy. "We think the sky is not going to fall," he said. "Those within the criminal justice system will find it very easy to make [Prop 36] work."

Fratello said the triumph of Prop 36 shows that the voters are tired of the war on drugs and that they are tired of jailing drug users. "The voters are ready for change," Fratello said. "We could not have put Prop 36 on the ballot if there wasn't already a mood among the public. We've successfully tapped into that mood."