Recent developments in criminal justice indicate the emergence of a national movement in favor of treating, rather than incarcerating, non-violent drug possession offenders. These developments include drug courts, local policies which favor treatment, and statewide ballot initiatives that divert non-violent drug offenders to treatment instead of incarceration.

Public health approaches towards drug offenders have gained national attention and public support. In a 2002 survey sponsored by the Open Society Institute, "Changing Public Attitudes Towards the Criminal Justice System," 63% of Americans considered drug abuse a problem that should be addressed primarily through counseling and treatment, rather than the criminal justice system.

California

In November 2000, 61 percent of California voters passed Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (SACPA), an initiative requiring rehabilitation rather than incarceration for nonviolent drug possession offenders. Under SACPA, most people convicted of a nonviolent drug possession offense are given the opportunity to receive community-based drug treatment in lieu of incarceration.

Since the program’s inception in 2001, more than 36,000 people have accessed treatment through SACPA each year. In the first six years, a total of more than 70,000 people have graduated. Each year more than half of program participants (or more than 19,000 people) receive treatment for methamphetamine addiction, making SACPA the country’s largest and most successful methamphetamine treatment program. Participants receiving treatment for methamphetamine addiction actually fare better than do SACPA participants in general, a fact that has helped educate some community members and lawmakers who previously, and erroneously, believed that methamphetamine addiction was untreatable.

The University of California at Los Angeles, which was contracted by the state to evaluate SACPA, estimates that the program saves approximately $2.50 for every $1 spent. For program completers, says UCLA, savings increase to $4 per $1 spent. According to the Legislative Analyst's Office (LAO), net savings have reached $200 million to $300 million per year—or a total of $1.2-1.8 billion for the first six years of implementation.

Prop. 36 was co-written by Daniel Abrahamson of the Drug Policy Alliance's Office of Legal Affairs. DPA mounted a major campaign to educate the public about this initiative, and continues to advocate for improved implementation and adequate funding in the years following its passage. As demonstrated by UCLA research, necessary improvements to SACPA include co-location of services, expanded access to narcotic replacement therapy, and better case management.

Read more about the program and participants’ successes (PDF).

To access the full text of the initiative, as well as media coverage and political developments, please see the Prop. 36 website. 

Maryland

Maryland's treatment law, which was passed in 2004, immediately diverts several thousand nonviolent prisoners into community based drug treatment, saving the state's taxpayers millions of dollars a year in the process. The landmark legislation created the Maryland Substance Abuse Fund as a special fund to be used for specifically for these defendants and also required each county to have a local drug and alcohol abuse council to develop plans to carry out the legislation. The bill also allows prisoners to be released early on parole in order to undergo drug treatment and provides for the expungement of charges after drug treatment in completed.

Washington DC

In November 2002, an overwhelming 78 percent of DC voters passed the drug treatment initiative, Measure 62. Under Measure 62 the city would provide substance abuse treatment instead of conviction or imprisonment to nonviolent defendants charged with illegal possession or use of drugs (except those drugs classified as Schedule I); provide a plan for rehabilitation to individuals accepted for substance abuse treatment; and provide for dismissal of legal proceedings for defendants upon successful completion of the treatment program.

Mayor Williams challenged the measure in court, arguing that it interfered with the city’s spending authority by allocating funds for drug treatment. In January 2005, an appellate court sided with Mayor Williams.

The Drug Policy Alliance is now back at work, building a community-based coalition of people in long term recovery, the DC Recovery Community Alliance, to advocate for better drug policies, including treatment not incarceration.

Additional Resources

"Poor Prescription: The Costs of Imprisoning Drug Offenders in the United States," The Justice Policy Institute, 2000.

"Drug Use and Justice: An Examination of California Drug Policy Enforcement," The Justice Policy Institute, 2002.

"Cutting Correctly: New Prison Policies for Times of Fiscal Crisis," The Justice Policy Institute, 2003.

Substance Abuse and Mental Health Services Administration, National Treatment Improvement Evaluation Study, 1997.