Drug Diversion Program in California

California Penal Code 1000 PC establishes the pretrial diversion program for drug crimes involving simple possession for personal use. It allows non-violent drug offenders to receive treatment and education rather than jail time. After successful completion of drug diversion, the charges are dismissed, leaving no criminal record.

To be eligible for pretrial drug diversion, your charge must typically involve simple possession of drugs. Suppose you are charged with selling or transporting a controlled substance or possession of a controlled substance for sale under Health and Safety Code 11351 HS. In that case, you are not generally eligible for pretrial diversion.

PC 1000 and Proposition 36 are the most common drug diversion programs in California, offering a ray of hope to non-violent drug offenders. These programs provide an alternative to prosecution and sentencing, focusing on rehabilitation. While they differ in terms of eligibility and application, both offer a chance for a fresh start, a new beginning, and a path towards a brighter future.

These programs are not available to everyone facing drug charges. However, the eligibility criteria are designed to be fair and just, ensuring that they are not available for defendants when the underlying arrest involves a firearm, violence, threats of violence, or selling drugs. Both programs, however, offer dismissal of the drug case is available if the defendant completes the program. It's mandatory under PC 1000 and discretionary under Prop 36.

PC 1000 is available for more types of offenses, while Prop 36 is available for both first and second-time offenders. 

Penal Code 1000 PC

Penal Code 1000 is a pretrial diversion program for specific non-violent drug offenses. This program allows eligible defendants to complete a drug education or treatment program instead of proceeding through the criminal justice process. After a defendant completes the program, the charges are dismissed.

However, to qualify for PC 1000, the following conditions must be met:

  • The crime is a non-violent drug-related crime, such as simple possession of controlled substances.
  • The crime must not involve the sale or intent to sell controlled substances.
  • The defendant must not have any prior felony convictions within the past five years.
  • The defendant has no record of violence, and the current offense cannot involve threats or violence.

Some common drug possession charges that are PC 1000 are cocaine, methamphetamine, ecstasy, phencyclidine (PCP), codeine, hydrocodone (Vicodin), ketamine (Special K), gamma-hydroxybutyric acid (GHB), heroin, and peyote.

California Penal Code 1000 PC

The district attorney determines eligibility during the early stages of the criminal case. If accepted, the defendant will plead guilty to the drug charges, but the judge issues a "deferred entry of judgment" pending completion of the program.

After being admitted into the program, the defendant must complete a treatment or education program through certified providers. These programs include counseling, group therapy, and educational sessions about the dangers of drug use and the benefits of a drug-free lifestyle.

The program focuses on personal accountability and rehabilitation, and it involves regular drug screening and attendance expectations. Importantly, completing PC 1000 results in the dismissal of charges, effectively sealing the case from public records.

Eligible Offenses

The list of offenses that qualify for rehabilitation under PC 1000 includes the following:

  • Being under the influence of a controlled substance (HS 11550).
  • Driving while in possession of marijuana (Vehicle Code 23222(b)).
  • Possession of less than an ounce of marijuana (HS 11357).
  • Possession of a controlled substance (HS 11377 or HS 11350). 
  • Cultivating marijuana (HS 11358).
  • Possessing drug paraphernalia (HS 11364).
  • Knowingly being in a place where drugs are being used (HS 11365).
  • Forging or presenting a forged prescription to obtain drugs (HS 11368).
  • Unlawful possession of prescription sedatives (HS 11375(b)(2)).
  • Open container of Cannabis in a motor vehicle (VC 23222(b).
  • Possession of toxic substances for “huffing” (PC 381).

Proposition 36 

Proposition 36 is also known as the "Substance Abuse and Crime Prevention Act of 2000." It offers another diversion program if you are convicted of certain drug-related crimes, but you may not be eligible for PC 1000 diversion.

Proposition 36 applies after a conviction and serves as a probationary sentencing alternative to avoid incarceration. This program also focuses on treatment and rehabilitation, with judges having discretion during sentencing to mandate participation. To be eligible for Prop 36, you must meet the following conditions: 

  • You must be convicted of a non-violent drug possession offense (NDPO).
  • Your crime must not involve drug sales or manufacturing.
  • You must not have a history of violent or serious crimes unless you have completed your sentence for those offenses.
  • You must be determined to benefit from treatment rather than incarceration.

If you are admitted into Prop 36, you will receive a suspended sentence and be placed on probation, with the primary condition being completion of a court-approved drug treatment program, which can last up to 12 months or may be extended if necessary.

California Proposition 36

If you fail to comply or commit a violation during probation, you may face incarceration or other penalties, including a longer probation period or additional treatment requirements. It's important to note that failure to comply with the program's requirements can lead to incarceration, which is a significant consequence that participants should be aware of.

Unlike PC 1000, dismissal of the drug charges is not guaranteed for Prop 36 participants because it depends on successful completion of the probationary period. However, if you do complete the program, then you can petition the court to have your convictions set aside and dismissed. 

This process involves reviewing your progress and determining whether you have met the program's requirements. The court will consider factors such as your compliance with the program and your behavior during probation. If you have completed the program, you can petition the court to have your convictions set aside and dismissed. This involves filing a petition with the court, which will then review your case and make a decision.

  • Prop 36 is usually one year, but can be as long as two years.
  • Prop 36 is not available if you are charged with cultivating marijuana, even if it's for personal use, or forging or presenting a forged prescription to obtain drugs.
  • Proposition 36 is available to individuals who have been convicted of a serious or violent felony under California's three-strikes law.
  • Those assigned to Prop 36 are sentenced and placed on formal probation while participating in the program.

Differences Between PC 1000 and Prop 36

While both programs have the same goal of rehabilitation and reducing recidivism, Penal Code 1000 and Proposition 36 have differences in terms of purpose, process, and eligibility, such as:

  • PC 1000 is a pretrial diversion program that avoids a conviction if completed.
  • Prop 36 is a post-conviction option in which treatment replaces jail time.
  • PC 1000 has stricter conditions, which exclude those with prior felonies or violent charges. 
  • Prop 36 allows more complex cases, including some with prior felony convictions.
  • Prop 36 requires completing probation and petitioning for dismissal, subject to judicial discretion.
  • PC 1000 involves an 18-month commitment to a treatment/education program. 
  • Prop 36 programs last 6-12 months unless extended.
  • Prop 36 applies to a broader range of non-violent drug-related crimes.

California Drug Court

California drug court is similar to Penal Code 1000 PC, but public defenders must represent you. California Penal Code 1000.5 PC authorizes drug court programs. These include Los Angeles County's drug court. 

As with pretrial diversion, successful completion of a drug court treatment program can result in a dismissal of the underlying drug charges.

If you do not qualify for drug court, you may still qualify for Penal Code 1000 pretrial diversion.

The Los Angeles County Drug Court Program provides treatment instead of jail time to non-violent offenders with chronic substance abuse disorders. This program has 12 traditional drug courts, two juvenile drug courts, and some specialized court programs based on the drug court model, staffed by the Los Angeles County Public Defender.

For more information, contact our California criminal defense lawyers, the Hedding Law Firm, located in Los Angeles.

Related Content: