Juvenile Drug Possession California – What Can Happen?

Posted on October 28, 2022

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. But keep in mind that minors are protected by many of the same rights as adult offenders, including the right to a criminal defense attorney.

1. Can a minor receive 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.

But 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 offenses, the child may have to stay at juvenile hall until a juvenile court judge can review the case.

2. What about informal probation?

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.¹

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 his/her probation terms will see the possession case closed. But a probation officer can file a petition if the minor does not complete all of his/her conditions.²

3. What is probation under WIC 725?

WIC 725 probation refers to probation imposed under Welfare and Institutions Code 725.

In these 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

But if a minor does not comply with his/her probations 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. Are there more serious consequences with juvenile drug charges?

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 his/her 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,
• 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 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,
• 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.

---