Kamala Harris Pushed 2005 Plan to Delay Charges for Drug Dealers Until Third Arrest

Kamala Harris | Source: upload.wikimedia.org

Overview: Kamala Harris, while serving as San Francisco’s District Attorney, proposed a controversial program in 2005 called “Operation Safe Streets” which allowed drug dealers to be charged only on their third offense. This program met with immediate resistance from law enforcement officials, including the city’s chief of police, who expressed concerns about its potential to increase crime and undermine public confidence.

Why It Matters: Programs like “Operation Safe Streets” impact public safety, revealing the consequences of lenient approaches to crime.

Who It Impacts: This policy impacts local communities, law enforcement, and those who would be victimized by a lenient stance toward criminal drug activity.


In 2005, Kamala Harris, then District Attorney of San Francisco, proposed a program for drug dealers that stirred significant controversy. The program, dubbed “Operation Safe Streets,” would have allowed drug dealers caught in the act to be detained and released after their first two offenses, only to be charged after their third arrest. This policy was met with sharp criticism from then-San Francisco Police Chief Heather Fong, who outlined a series of concerns about its potential impact on the city and public safety.

In a letter to Harris dated October 24, 2005, Fong stated her refusal to support the program, citing a host of negative outcomes that could stem from the policy. Chief among these concerns was that dealers would essentially be free to operate in the city without immediate consequences, which she feared would attract even more criminals to San Francisco. Fong warned that the policy could create a double standard in the justice system, whereby juveniles might face stricter punishments than adults, despite the gravity of their offenses. Additionally, she underscored that drug dealers near schools would face minimal deterrents, potentially exposing vulnerable children to increased criminal activity.

The proposal also faced scrutiny from within the legal community. Defense attorneys who often represented drug dealers described Harris’s program as “weird” and impractical, while many prosecutors and law enforcement officers feared it would erode their ability to effectively combat narcotics trafficking. According to reports, Harris’s office maintained that the proposal was designed to build stronger cases against offenders by allowing time to accumulate evidence. However, this reasoning did little to allay fears from police officers who felt the program would demoralize the force and weaken public trust.

Despite the backlash, some within Harris’s office, including her criminal division chief, Jeff Ross, seemed undeterred. In communications at the time, Ross suggested that the program could proceed even if it received negative media coverage, asserting that the strategy would ultimately lead to more drug dealers behind bars. His stance reflected a persistent division between prosecutors and law enforcement over how to balance effectiveness and public perception in crime prevention strategies.

Harris’s record on crime has come under increased scrutiny in recent years as she sought higher office. While her record has varied depending on the political climate, critics have highlighted her past support for policies that some claim are lenient on crime, including the push to defund the police and reform bail policies. A report released by The Heritage Foundation characterized her as “soft on crime,” citing instances where she failed to pursue harsher penalties in severe criminal cases.

This debate over Harris’s record continues to resonate, especially in light of national conversations surrounding law enforcement, public safety, and criminal justice reform. Those who oppose lenient approaches argue that policies like “Operation Safe Streets” undermine the rule of law and make communities more vulnerable to crime. Others, however, assert that such programs are needed to address systemic issues in policing and prosecution.

The controversy surrounding Kamala Harris’s proposed drug policy in 2005 underscores broader concerns about leniency in law enforcement. Programs that reduce immediate accountability for drug dealers can result in unintended consequences, such as rising crime rates and damaged public confidence in the justice system. With the recent push for reforms across the country, the debate over how best to balance crime prevention with fairness in the legal system remains a central issue for voters and communities alike.