The drug crime scene in the state of California has experienced an exponential growth since the last few years. As per the rules laid out under the Penal code 1000 and the Substance Abuse and Crime Prevention Act, certain defendants who are charged with the use or possession of narcotics are sent to rehab programs instead of jail. The defendants in this category include the non-violent drug possessors or addicts who are first time users.

This law has a unique feature that immunizes the victims from the administrative legal licensing agency consequences once they complete the rehabilitation program successfully. That means, the licensing agencies or boards will not be in a position to consider the victim’s drug cases or arrests against renewing, denying or granting licenses. According to the Proposition 215 and Senate Bill 420 the marijuana law of California allows the citizens to cultivate, use or possess an aforementioned measure of pot of marijuana.

However, that is only for qualified medical purposes. Besides, the medical marijuana user needs to get the approval of a physician and get themselves a marijuana health card issued by the state county. However, even then many traffickers have still been impinging on the rights of the patients and obtained the prescription drug illegally.

In the year 2000 the drug policies were overhauled by California by ordaining Proposition 36. The main objective of the new law is bringing down the rise in drug abuse and this the state body believes, can be done by treating the addicts instead of imprisoning them. The next objective was to save the already limited jail and prison space for the criminals who are more dangerous. Yet those who have been jailed for selling narcotics or for possessing them are not eligible to be a part of Proposition 36. Even though, it makes complete sense to punish the illegal drug dealers but the blanket exclusion of the drug sale offenders from the program seems inappropriate.

Many drug sale offenders are just casual users selling small quantities of narcotics, mostly to fund self addiction. Most of these addicts are non dangerous and they can benefit greatly from the drug treatment. To make Proposition 36 effective the judges should be given the discretion to judge every case individually and then decide upon the treatment or punishment depending on the case. The drug law under the Health & Safety Code 11550 of California is a harsh one, mandating at least 90 days of jail for anyone arrested.