drug law after the fact

ok my brother has been addicted to drugs for years finally 3 years ago he was caught with 2 rocks of cocaine in california this year there was a new propasition passed for rehabilitating drug users instead of locking them up.My brother recieved a prison sentence of 5 year with 80% is this new prop retroactive?If so what steps should we take for his release?

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, most laws are not retroactive. And diversion programs in California are not new.

IF he wants to go through this rehab, his attorney will need to bring a motion to the court. Its success will be dependent on a number of factors. Just because the law is there, doesn't mean your brother would be a good candidate. The court, if they hear this motion, will have to determine it.

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