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This is one of the worst propositions to be advanced by the proponents of the drug culture …

Primarily advanced by those who believe that drug offenses should be decriminalized and that their will be significant cost-savings to the State of California, this single proposition would result in the establishment of a criminal’s bill of rights.

Here is what the bill purports to to do …


    • Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.

Nobody would object to improving and expanding treatment programs for persons convicted of drug and other offenses.  But do you want this 460 MILLION dollars each year diverted from critical medical care for law-abiding citizens in these budget critical times or do you want to care for criminals? In fact many criminals, especially white collar and the Hollywood elite already use the rehabilitation dodge to avoid jail time for serious multiple offenses.

    • Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.

This is a crazy idea: limiting or removing the court’s ability to incarcerate offenders, break drug treatment rules or violate parole. Why not just allow drug-fueled felons to run free and escape punishment altogether. If this is what society wants, let’s simply decriminalize drug use, tax the enormous amounts of money that would now go to the drug cartels and organized crime and ONLY make committing a crime while under the influence a punishable offense. We would also see an immediate savings in jail costs, policing costs and the costs associated with the legal infrastructure. Of course, big LAW, their lobbyists and unions would never countenance such an action.

    • Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies.

This is a classic misdirection. We are not speaking of jail time – only the time spent on parole. Since judges would not be able to punish those who violate parole (see above), this means nothing.

    • Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries.
    • Creates 19 member board to direct parole and rehabilitation policy.

Creates a larger, more cumbersome bureaucracy –- complete with more political appointees and burgeoning expenses. Another bad idea in times of fiscal crisis.

I did not make these provisions up – they came directly from the California Secretary of State’s official website.


The most egregious part of this proposition is that it would allow many criminals to run free. Upon capture, a criminal would only need to claim a drug addiction, commit a crime on drugs or come to court stoned and the matter is transferred out of  the criminal justice system into a medical diversion program. In fact, it is doubtful that some crimes would even be charged or prosecuted under these provisions.

Don’t believe me, here’s what Los Angeles County District Attorney Steve Cooley says on the matter: 

“It is one of the most dangerous propositions to ever make it to the ballot.” 

“It will effectively decriminalize virtually all the felons on the books except for those who statutorily defined as serious or violent.”

“That, along with Prop 5’s mandate of shorter parole for certain felons, could jeopardize public safety”  <Source>

“If voters approve it, offenders whose crimes are caused by drugs could face treatment instead of time in jail. In addition, parole could decrease from three years to six months. Money saved from prison costs would be spent on rehab instead.”

Who is behind this measure and why …

Among others, George Soros, the far-left socialist whose anti-America stance is well known. He is a known proponent for legalizing drugs.

“Soros' long-time goal has been to subvert the national anti-drug policy of the U.S. Government, to move away from the use of national and global law enforcement resources against the drug trade.  He calls this "harm reduction," meaning that criminal activity associated with the use of drugs will supposedly be reduced if the government takes over the drug trade and provides drugs and drug paraphernalia, including needles, to addicts. But law enforcement would still be required to keep drugs out of the hands of children.  If this is not the case, then Soros intends to allow substances such as marijuana, cocaine and heroin to be distributed to children.” <Source>

According to Ballotpedia, as of September 6, 2008, the five largest donors to the "Yes on 5" campaign are:

  • George Soros, $1,400,000;
  • Jacob Goldfield, ex-Chief Investment Officer, Soros Fund Management LLC $1,400,000.
  • Bob Wilson, lobbyist (client unknown) $700,000;
  • John Sperling, $500,000 (University of Phoenix founder)
  • The Drug Policy Alliance Network, $400,000 (Soros)

In addition to the heavy-hitters, there are a number of Hollywood and major executives who are known to indulge in drugs and alcohol who are also backing this measure – perhaps in anticipation of the day when they may be discovered and charged.

What can YOU do?

Remember, the initiative’s proponents use the term drug –- but that also included alcohol. Do you want to give a free pass to both first-time and repeat drunk drivers whose thoughtless actions puts us all at risk?

Can you imagine any attorney not advising their client to claim drug or alcohol usage to beat the rap? This is truly a “get out of jail free” card.

Decide whether or not that burglar who breaks into your home or the thief who steals your car should be given a free pass to drug rehab instead of spending time in jail.

Remember, many offenders have committed significantly more crimes than the crime for which they were caught.

And when a far-left liberal like Martin Sheen, father or Charlie Sheen and Emilio Estevez, who personally is familiar with drug and alcohol problems, says this is a bad law – I would tend to believe him.

If you believe drugs should be decriminalized, vote for that proposition. Do not vote to allow criminals to escape punishment as a back-door attempt to decriminalize drugs.


-- steve

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From the California Secretary of State:

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