Prop 5 is an extension of Prop 36 a few years ago, which diverted many drug offenders out of the criminal justice system into rehab. But 36 made rehab enforceable – judges could put people who walked out of rehab into prison. Prop 5 takes this protection away. Personally, I could see legalizing and taxing drugs and spending a lot of money on rehab. I think that overall, the benefits would outweigh the costs. And I believe in “evolution in action.”
But this pastiche is just bad policy and bad law. So I’ll vote No on 5.
Similarly, Prop 6 is a tough-on-crime bill that in several points looks unconstitutional – it allows hearsay, weakens the right of the accused to have witnesses testify, expands the financial penalties (including seizure, which I detest) for property used in crimes even without the owner’s knowledge or consent. Some good criticism of 6 can be found here.
Plus it will cost a boatload. So, also – No on 6.
These both look like easy calls – the propositions are so unattractive that there could be many good grounds to reject them.
For the record, I completely agree with this post, including what we should actually be doing about drug policy.
I suppose you could view 5 as the closest the federal government will permit a state to get to drug legalization: “Ok, damnit! We’ll have penalties, but we won’t enforce them!“