Panel Rules Prop. 36 Extends to Paraphernalia

An Orange County appeals panel has ruled that a newly approved law that requires counseling instead of jail for drug offenders also applies to those caught with paraphernalia such as needles and cocaine pipes.

The ruling by a panel of Superior Court judges led the Anaheim city attorney’s office to give up its efforts to seek jail sentences for offenders caught with paraphernalia, prosecutors disclosed Thursday.

Supporters of Proposition 36 praised the decision, saying it was illogical to give counseling to offenders caught with heroin but to seek jail sentences for those caught only with needles.

Judges Frank F. Fasel and Nancy Wieben Stock also ruled that the proposition approved last year applies to offenders arrested before and after the law took effect July 1.