Other problems with the system include poor oversight of patients, who sometimes drop out and disappear or secretly keep using drugs. Critics say the fundamental concern is that officials have nothing to hold over offenders' heads except the threat of more treatment.

California has also seen a dropoff in the number of offenders going through drug courts since Proposition 36 was implemented.

But perhaps the biggest problem is inadequate funding for services and for coordination between the probation officers and treatment programs that comprise the heart of the Prop 36 system.

Proponents countered that growing pains were expected, and said that forthcoming funding for drug testing should help improve accountability.

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