In California, juvenile drug possession is treated differently than drug possession by an adult. The juvenile court system focuses more on treatment than on punishment. So long as the juvenile is not tried as an adult, he or she will likely face a warning or probation. The juvenile record, however, may still be an obstacle for the minor later on.
The California juvenile court process
In California, the juvenile court process is not like the one for adults.
The process begins with the arrest. If the suspected offense is minor, like for many drug possession arrests, the police officer may let the juvenile go with a warning.
If law enforcement does not release the minor, they will take him or her to juvenile hall. There, the minor will be booked. The intake officer will then do one of the following:
- send the minor home with a citation and a court date,
- send the minor home with a probation program, or
- keep the minor in juvenile hall until the detention hearing.
At the detention hearing, the juvenile court judge:
- informs the minor of the charges against them and the minor enters his or her plea, and
- decides whether to release the child to his or her parents while the case progresses, or continue to detain the child in juvenile hall.
If the local district attorney’s office wants to file charges against the minor, the office will file a petition with the juvenile court. These are not criminal charges for the offense. Instead, in juvenile court, they are delinquency charges.
In serious cases, a transfer hearing will also be held. This is where the juvenile court judge decides whether the case will be transferred to adult criminal court. If it gets transferred, the juvenile will be tried as an adult.
If charges are filed but the case remains in juvenile court, an adjudication hearing will be scheduled. This is similar to a criminal trial in adult court, though there is no jury. Before this hearing, the district attorney and the minor’s criminal defense lawyer will:
- exchange evidence in the discovery process,
- file motions, and
- negotiate a disposition, which is similar to plea bargaining in adult criminal court.
Most juvenile cases end with a negotiated disposition. If one is not, each side will present their case at the adjudication hearing. The judge will then decide to either:
- sustain the district attorney’s petition (similar to a guilty verdict in adult criminal court), or
- deny it (similar to an acquittal).
If the petition is sustained, the judge will rule that the minor is “delinquent” rather than “guilty.” There will be a disposition hearing. This is juvenile justice system’s version of a sentencing hearing. The goal of the disposition is not to punish the juvenile. Instead, the focus is rehabilitation.
The criminal defense lawyers at our law firm have found that most juvenile drug possession cases that do not have aggravating factors lead to probation.
Common drug crimes for juveniles
In California, the 2 most common drug charges that juveniles get accused of committing are:
- drug possession, and
- drug trafficking.
According to the Bureau of Justice Statistics:
“84 percent of youth in juvenile facilities reported ever using drugs.”[1]
Drug possession
In California, the elements of the crime of drug possession (California Health and Safety Code section 11350 HS) are:
- you unlawfully possessed the substance, whether that possession was actual or constructive,
- you knew of its presence,
- you knew that it was a controlled substance,
- the substance was, in fact, a controlled substance, and
- there was a usable amount of the substance.[2]
A “controlled substance” is one that is regulated by the state or federal government. This includes both illegal drugs and ones that are legal to have with a valid prescription, like:
- cocaine,
- methamphetamine,
- prescription drugs, like Xanax or Vicodin, and
For juvenile offenders, this includes the crime of possession of marijuana.[3] California makes it illegal for people younger than 21 years old to possess marijuana.
Regardless of the substance, the offense is often known as:
- simple possession, or
- possession for personal use.
Drug trafficking
Juveniles in California can also get accused of drug trafficking. This includes the offenses of:
- selling or transporting a controlled substance (California Health and Safety Code 11352 HS), and
- possession of drugs with the intent to sell (California Health and Safety Code 11351 HS).
Juveniles in California face these allegations unfortunately often. The juvenile defense lawyers at our law office have found that adult drug traffickers often use drug mules who are underage because they think that a young person will be less likely to get caught.
Penalties for juvenile drug possession
If tried as a juvenile, a finding of delinquency for drug possession can lead to the following penalties:
- probation, with terms like attending school, completing a substance abuse or mental health program, having a curfew, and performing community service,
- deferred entry of judgment, where the minor pleads guilty but the sentence is suspended while they complete a diversion program,
- the minor being placed in a foster home, probation camp, or group home, or
- in serious cases, commitment to a juvenile detention facility.
Additionally, the juvenile drug offense can make it more difficult to:
- go to college,
- get a scholarship, or
- get a job.
If tried as an adult, a conviction for a criminal offense of drug possession is a misdemeanor that generally carries up to:
- 1 year in a jail with other adult offenders, and
- $1,000 in fines.[4]
How a juvenile defense attorney can help
An experienced juvenile defense attorney can provide legal advice and represent the juvenile and his or her parents throughout this tricky part of the criminal justice system. This is especially important if there is a chance that the juvenile will be tried as an adult. When making this decision at the transfer hearing, the judge will consider:
- the juvenile’s criminal sophistication,
- how likely the juvenile will be rehabilitated,
- the juvenile’s prior criminal history of delinquency, and
- the circumstances of the case.
Even when it is unlikely that the juvenile will be tried as an adult, a criminal defense attorney can:
- protect the minor’s legal rights,
- negotiate with the district attorney on the minor’s behalf,
- contest the allegations being made against the juvenile,
- urge the court to impose a light disposition for juvenile delinquency,
- make sure that the juvenile is complying with the terms of probation, and
- take the steps necessary to seal the criminal records.
Legal Citations:
[1] Drug and Alcohol Use Reported by Youth in Juvenile Facilities, 2008–2018 – Statistical Tables, DOJ Office of Justice Programs (January 31, 2023).
[2] California Criminal Jury Instructions (CALCRIM) No. 2304.
[3] California Health and Safety Code 11357 HS.
[4] California Health and Safety Code 11350(a) HS.
