On Wednesday, July 12, California Governor Arnold Schwarzenegger signed into law Senate Bill 1137, which makes a number of contentious changes to the state's treatment-instead-of-incarceration law, Proposition 36.  In response, the Drug Policy Alliance and the California Society of Addiction Medicine (CSAM) immediately sued to block implementation of the law.

SB 1137 radically rewrites Prop 36 to allow judges to incarcerate nonviolent drug offenders actively engaged in treatment, who relapse or otherwise violate probation. The bill’s passage—-by politicians and lobbyists in backroom dealings--not only guts the hugely successful and democratically approved Prop 36 treatment program, but also threatens the state's entire democratic initiative process. Prop 36 was overwhelmingly supported by 61% of CA voters in 2000, and has since saved the state over $1.3 billion while helping more than 60,000 people with drug convictions receive treatment and lead productive lives.  

Within hours of the Governor’s signature, DPA, CSAM, and Cliff Gardner, the official ballot proponent of Prop 36, filed a complaint (PDF) in Alameda County Superior Court to strike down SB 1137 as unconstitutional. The action is Gardner v. Schwarzenegger (Case Number RG06278911). While its constitutionality is being litigated, plaintiffs will be filing papers in court to keep SB 1137 from taking effect. Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance, said, "Rather than veto SB 1137, the Governor opted to engage in a legal battle over what he knows is an unconstitutional law. We have filed a Complaint in Alameda County Superior Court, and are confident that Prop 36 and the will of the people will be upheld."

• Complaint
• Letter to public officials informing them of lawsuit
• Press release