O.C. Judges Boost Reach of Prop. 36

An Orange County appeals panel has ruled that a new 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 stop seeking jail sentences for people caught with paraphernalia, prosecutors disclosed Thursday.

Supporters of Proposition 36 praised the decision, saying it was illogical to counsel people arrested with heroin but jail those caught only with needles.

Judges Frank F. Fasel and Nancy Wieben Stock also ruled that the proposition approved in November applies to arrests before and after the law took effect July 1.