Juvenile Drug Possession California – What Can Happen?

Your child was recently arrested for juvenile drug possession. You now find yourself in the middle of the California juvenile justice system. What can happen?

If your child was stopped or arrested for possession of drugs, the specific outcome of the matter will depend on the facts of the case.

With that said, however, a minor in California stopped for the possession of a controlled substance will likely face:

• a warning, or
• some form of probation (which will likely include a drug education program).

Note that the California juvenile court system is different from the criminal court process for adults. Though keep in mind that minors are protected by many of the same rights as adult offenders, including the right to a criminal defense attorney.

Also note that you are not alone. According to the Bureau of Justice Statistics, 84% of youths in juvenile facilities have admitted to using drugs.¹ Substance abuse is an epidemic among minors, and California juvenile court judges generally do prefer rehabilitation over punitive measures.

1. Can a minor get just a warning for drug possession?

Yes. If the police stop or arrest your minor child for drug possession, they can let the child go with a warning.

Note that the authorities can decide to take the child into custody. Here, the police will take your child to juvenile hall where your child will be interviewed by an intake officer.

With serious drug-related offenses such as drug trafficking charges, the child may have to stay at juvenile hall until a juvenile court judge can review the case.

2. Can minors do informal probation instead of detention?

A minor child may receive informal probation after being charged with simple possession charges.

Per California law, informal probation works like a diversion program where an offender must adhere to certain terms and conditions while under the supervision of a probation officer.

Examples of informal probation conditions include:

• participating in counseling,
• completing an education program,
• receiving substance abuse or mental health treatment.

With informal probation, a petition (or formal case) is not filed with the court.

A child that successfully completes all of their probation terms will see the possession case closed. However a probation officer can file a petition if the minor does not complete all of their conditions.²

3. What is WIC 725 probation?

In WIC 725 cases, a probation officer or District Attorney’s Office files a petition in juvenile court. A judge will then likely place the minor on either supervised or unsupervised juvenile probation for a period not to exceed six months.³

As with informal probation, a minor will have to complete certain terms and conditions with a WIC 725 probation. Examples may include:

• performing community service,
• mandatory school attendance,
• adhering to a curfew, and
• completion of an alcohol or drug education program.⁴

If a minor successfully completes these terms, the juvenile court judge typically has to:

• order the petition dismissed, and
• order all records pertaining to the juvenile petition sealed.⁵

However, if a minor does not comply with their probation terms, a judge can declare the child a ward of the court. In some cases, wardship may mean that the child has to spend time in juvenile hall.

4. When is probation not an option?

Probation might not be available for some serious juvenile drug offenses (for example, severe drug possession cases or cases of drug trafficking).

In these cases, a minor might get sent to:

• a probation camp,
• a group home or other living facility that the judge believes is more “suitable” than the minor’s home, or
• the California Youth Authority (or a juvenile detention facility).

Note that the California Youth Authority is now called the Division of Juvenile Justice.

5. What is considered “drug possession”?

Young people can get arrested for drug possession if they have an illegal drug on their person (like in a pocket or a backpack).⁶

In addition, they can get arrested for possession if they have “constructive possession” over a controlled substance. Constructive possession means that while a child might not have a drug on their person, the minor has control over it.⁷

An example of constructive possession is where a minor has drugs hidden in his bedroom closet.

Note that while California law has legalized possession of marijuana and cannabis for people 21 and over, it is still a crime for you to possess illegal drugs like:

• methamphetamines,
• LSD,
• PCP,
• Xanax without a prescription,
• heroin, and
• cocaine.

Note that you can also face criminal charges if you possess a prescription drug (like Vicodin) without a valid prescription.

6. Can a juvenile defense attorney help?

Yes. Minors and parents of accused minors should seek legal advice from a criminal defense lawyer or juvenile attorney with drug crimes. A public defender will be appointed to represent the child if the minor’s family is indigent, though private counsel is always preferable since they have more time to craft a winning defense.

A defense attorney or law firm can help by:

• working to avoid a D.A. filing a petition with the court,
• persuading a probation officer or judge to impose probation,
• safeguarding the minor’s rights throughout the court process,
• ensuring that a minor is adhering to probation terms and conditions, and
• ensuring that court records get sealed.

Our experience shows that minors can navigate the juvenile justice system more confidently and effectively when they are represented by a skilled defense attorney. Plus, the stakes are so high in juvenile cases – a bad outcome could jeopardize the minor’s educational and professional prospects. A good juvenile defense attorney fights for the best outcome that serves the minor’s short- and long-term interests.

Additional resources

Find help and guidance at the following organizations:

• Center of Juvenile and Criminal Justice – A nonprofit with the mission of reducing society’s reliance on incarceration as a solution to social problems.
• Ella Baker Center Books Not Bars Campaign – An organization that works to shift resources from punishment and towards rehabilitation for juvenile offenders facing delinquency and adult court misdemeanor or felony charges.
• Youth Law Center – Advocates working to transform foster care and juvenile justice systems.
• Juvenile Law Center – Nonprofit, public interest law firm working to lessen the harm of the child welfare and justice systems.

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