California Proposition 36

Proposition 36 is a law passed by the California electorate in 2000...the law allows people charged with nonviolent drug possession or intoxication to receive treatment rather than going to jail.

Persons charged with narcotics sales or possession for sales do not qualify for Proposition 36. The law is aimed at casual users, and in particular treating drug addicts in the hopes of rehabilitating them and keeping them from returning into the criminal justice system.

In court, the eligible defendant pleads "guilty" or "no contest" to the underlying charge. The judge then places him on probation. A term of the probation is that the defendant successfully complete a drug rehabilitation program. If he does so, the case ultimately gets dismissed.

If the defendant fails to complete the Proposition 36 treatment program, or otherwise violates the terms of his probation, the judge can sentence him on the charge. Those penalties could include jail time or a California state prison sentence.

Prop 36 functions very similarly to another California law: Penal Code 1000 drug diversion. Generally, however, drug diversion is the preferable program because language in the Penal Code 1000 statute states the successful participants in that program shall not incur any administrative consequences (such as a revocation of a state license).

Is Proposition 36 a Good Option for Me?

For most people charged with a drug offense, if they qualify for Prop 36, the program is a good option. But it always behooves you to consult with a California criminal defense attorney before making any decision. If your case is defensible on its facts, it may make more sense to fight the case in court before pleading guilty and accepting Prop 36.

The nice thing about Proposition 36 is that if you qualify for it, you can do the program even if you get convicted at trial. That is, you can take the drug case all the way to trial and shoot for an acquittal. If you get found "not guilty," the case is over. But even if you get convicted, you can still to Prop 36 rather than going to jail.

Call Us for Help...

If you are charged with a California drug offense, we invite you to contact us for a free phone or office consultation with a criminal defense lawyer. We can help you explore your options and pursue the best strategy for keeping you out of jail, keeping your record clean, and getting you whatever treatment you need.

Join us to discuss your criminal case at any of our
local offices: You can also contact us 24/7 at
888.327.4652 for a free consultation