In November 2024, California voters passed Proposition 36 after supporters promised mass addiction treatment instead of prison for people charged with drug felonies.
New reporting from CalMatters shows that promise falling short in large numbers, as addiction treatment options vary widely by county, and most eligible defendants never enter a program.
CalMatters analyzed data from the 15 counties that filed the most Prop 36 cases. Of the 18,666 felony drug cases that counties charged under the law last year and reported treatment data for, 17% involved defendants who opted for treatment, while just 57 defendants completed treatment and had their cases dismissed.
The Numbers Behind the Shortfall
Orange County had the most potential Prop 36 treatment cases among the counties that CalMatters analyzed.
As of February of this year 1,311 people had received referrals for drug charges, but only 314 agreed to treatment. Fewer than half of those people actively received treatment, and just 15 completed the program.
Program rules differ sharply by county. Defendants must remain in treatment for periods ranging from three months in Ventura County to two years in San Luis Obispo County before they can qualify for dismissal.
San Diego County District Attorney Summer Stephan said case management support remains a missing piece, even as her office reports that 71% of defendants who pleaded guilty had their cases placed on a path toward mandated treatment.
County behavioral health data presents a narrower picture, because as of December fewer than a third of referred people had agreed to treatment and only two had graduated.
Why Counties Are Struggling
Prop 36 reached the ballot without funding for addiction programs. Lawmakers requested $650 million for implementation last year but received $100 million according to the Department of Finance.
This year’s budget added $50 million for pretrial behavioral health and court workloads which fell far short of the $400 million some legislators sought. Since September 2025 the Board of Community and State Corrections has distributed roughly $72 million to nine grantees.
The treatment system already faced significant strain. Orange County has fewer than 300 residential drug treatment beds and waits that once lasted a week stretched to two or three weeks by February and sometimes reached six weeks.
Housing creates another major obstacle because 61% of people referred for evaluation in Santa Clara County experienced homelessness while 62% of completed evaluations in Orange County involved people experiencing homelessness.
“We are simply out of treatment in my county” said Santa Clara County Judge Stephen Manley who handles drug and mental health cases.
Understanding Mandated Treatment
Under Prop 36, people facing certain third time drug offenses can plead guilty and accept court ordered substance use or mental health treatment instead of serving up to three years in jail or prison.
When participants complete treatment to the court’s satisfaction, the court drops the charges. Courts typically refer cases to county behavioral health departments for assessment before ordering residential or outpatient care.
Orange County resident Nicco Pierstorff faced arrest despite nearly a decade of sobriety, and graduated in April while describing the program as a blessing. Gustavo Meza of San Mateo County said he would have died without his arrest, and he now remains sober works and takes classes toward becoming a drug counselor.
Local Resources and Next Steps To Take
If you or a family member in California needs addiction treatment you do not need to wait for the courts. Search Addictions.com for addiction treatment centers in California to compare programs or look up drug rehabs in your county for any nearby options.
Many programs work with insurance or Medicaid and can verify benefits before you commit. Call
800-681-1058
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to learn more about local options that are close to you.