In People v. Floyd (2002) 95 Cal.App.4th 1092, the court found a rational basis for distinguishing between those convicted before and after July 1, 2000. "The initiative's effective date was delayed until July 1, 2001, to allow the state time to establish a sufficient number of drug treatment programs available to receive eligible defendants. Prospective application of the initiative helps ensure that the transition will be orderly and effective and reduces the risk that existing drug treatment programs will be overloaded. This is quite reasonable and rational." ( Id. at p. 1102.) In People v. Floyd, supra, 95 Cal.App.4th 1092, the majority rejected an equal protection claim like that raised here. The majority reasoned that because the defendant was convicted before July 1, 2001, he was not similarly situated to those convicted after that date.