Suppose you have been charged with a nonviolent drug-related offense in California and have no recent criminal history. In that case, you may be eligible to avoid conviction and a criminal record by qualifying for a drug diversion program under Penal Code 1000 PC.

The drug diversion program, a form of pre-trial diversion, is designed to focus on rehabilitation rather than punishment. Addressing the root causes of substance abuse offers a path to a clean record and a fresh start. Successful completion leads to the dismissal of charges and the potential sealing of your arrest record, providing a positive outlook for the future, free from the burden of a criminal record.

PC 1000 defines a pretrial diversion program for treatment for non-violent drug crimes, such as simple drug possession for personal use.

Simply put, PC 1000 PC covers California's pretrial diversion program for drug crimes involving simple possession for personal use. The program allows many non-violent drug offenders to receive treatment and education instead of jail time.

Upon successful completion of the drug diversion program, the charges are dismissed, resulting in no criminal record for most purposes. This relief and fresh start can provide a sense of reassurance and a positive outlook for the future. Remember, only those charged with drug possession for personal use are eligible for pretrial drug diversion.

Suppose you are charged with selling or transporting a controlled substance or possessing a controlled substance for sale, as defined under Health and Safety Code 11351 HS. In that case, you are generally not eligible for pretrial diversion. This distinction is important to keep in mind when considering your legal options.

Further, you must not have been convicted of an ineligible drug crime within the previous five years, the crime must not have involved violence or threatened violence, there must be no evidence of more serious drug crimes, and you must not have any felony convictions within the preceding five years.

If you fail the program, it's important to note that you are not automatically guilty of the crime. You are still entitled to a jury or bench trial. This means that even if the program is not successful, you still have the opportunity to defend yourself in court, ensuring a fair process. Let's take a closer look below.

California's Drug Diversion Program

As noted, the drug diversion program in California is specifically designed to address the underlying issues that lead to drug-related offenses. Instead of proceeding through the conventional court process, eligible individuals are given the opportunity to complete an approved drug treatment program lasting 12-18 months.

This program is here to support you and help you overcome the challenges you're facing. Once the program is completed, the charges are dismissed. This approach recognizes that treatment and support can be more effective than punitive measures for those struggling with substance abuse.

Participating in the drug diversion program not only helps you avoid a criminal record but also significantly reduces the chances of a recurrence. This approach, which prioritizes treatment and support over punitive measures, benefits both you and the state by alleviating unnecessary overcrowding of the penal system for non-violent offenses.

Who is Eligible for a Drug Diversion?

Eligibility for the drug diversion program under Penal Code 1000 PC is specific and includes several criteria:

• The offense in question must be non-violent (i.e., no violent acts or threats of violence connected with the offense.
• The charge should involve personal use or possession of drugs, not sale or distribution. 
• There must be no evidence of other, more serious drug offenses associated with the offense in question.
• You must have no felony convictions within the last five years.
• You must have no convictions for other drug offenses that don't qualify for diversion within the last five years.

What Drug Offenses are Eligible?

Examples of offenses that may make an individual eligible for a drug diversion program include, but are not limited to:

• Simple possession of a controlled substance (HSC 11350)
• Being under the influence of a controlled substance (HSC 11550)
• Possession of methamphetamines for personal use (HSC 11377)
• Unlawful cultivation of Cannabis for personal use (HSC 11358)
• Possession of drug paraphernalia (HSC 11364)
• Aiding or abetting the use of an unlawful controlled substance (HSC 11365)
• Unlawful possession of certain prescription sedatives (HSC 11375(b)(2))
• Having or using a forged prescription to obtain drugs unlawfully (HSC 11368)
• Various cannabis-related offenses (e.g., unlawful possession/cultivation of cannabis, open cannabis container in a vehicle, etc.)

Some of the controlled substances covered under these laws include cocaine, heroin, GHB, ecstasy, ketamine, methamphetamines, marijuana, PCP, and prescription opioids such as codeine and hydrocodone (Vicodin).

How Do You Get Referred for Diversion?

The process of qualifying for a drug diversion program is initiated by the prosecuting attorney in your case. They will review your case and determine if you meet the eligibility criteria, providing you with a clear understanding of the steps involved.

The prosecuting attorney plays a crucial role in this process, as they are responsible for determining your eligibility and guiding you through the program's steps. This transparency in the process can help alleviate any anxiety or uncertainty you may have.

If you meet the eligibility criteria, you and your attorney will be notified of your potential eligibility. From there, you will navigate through a series of steps, which include:

• Written notification of potential eligibility from the prosecutor that will include a description of the procedures for pretrial diversion and an explanation of the roles and authorities of the probation department, prosecuting attorney, the program, and the court in the process.
• A possible investigation by a probation officer (if ordered by the court) to confirm your eligibility.
• You will officially plead not guilty to the charge and waive your right to a speedy trial.
• A pre-trial diversion hearing so the court can evaluate the circumstances of your case and
• A final determination by the court on whether to allow you to participate in the drug diversion program.

Suppose you are deemed eligible and accepted into a drug diversion program. In that case, any bail requirements will be waived, and you'll be released from custody. You'll then be referred to a state-approved drug treatment program to fulfill the conditions of your diversion.

What are the Conditions of a Diversionary Program?

Once accepted into the program, participants must adhere to specific conditions, which may include:

• Completing your court-approved drug treatment program.
• Regular drug testing to ensure compliance.
• Attendance at all scheduled court appearances and treatment sessions
• Staying arrest-free during the diversion period

As noted, upon completing the drug diversion program, the charges against you are dismissed. This means you won't have a conviction for the offense, allowing you to start anew and move forward. This opportunity can make the audience feel hopeful, knowing that a fresh start is possible.

It's a significant incentive to fully engage with the treatment and comply with the program's requirements. Other diversion programs include the following:

• California Proposition 36.
• California drug court,
• LA County drug court program,
• Military diversion,
• Mental health diversion.

Can the Diversion Program Be Terminated?

Your participation in the program may be terminated if any of the following occur:

• You fail to attend or complete treatment as required by your program,
• You are convicted of any felony offense during the diversion program,
• You are convicted of any offense that shows a propensity for violence.

The district attorney, the judge, or the probation department can initiate a motion to terminate your participation in pretrial diversion. The court will then hold a hearing to determine whether to terminate it. If your diversionary program is terminated, you may face re-arrest, and the court will resume criminal proceedings on the original charge(s) filed against you.

For more information, please contact our California criminal defense lawyers at Eisner Gorin LLP, located in Los Angeles.

Related Content:

• CA Penal Code 1000 PC
• Guidelines for Diversion
• People v. Superior Court (2022)