California drug court is an outpatient substance abuse program that allows defendants facing nonviolent drug charges to avoid jail and a criminal conviction. Treatment typically lasts nine months to three years, and meanwhile you can keep your job and go on with your life.
As long as you complete rehab, your charge gets dismissed, your record is cleared, and you can legally deny ever having had the drug charge.
Am I eligible?
California drug court is geared for people suffering from drug addiction and facing low-level drug charges such as:
If you are charged with more serious crimes, we may be able to plea bargain the charge down to simple possession so that you would qualify for drug court. This is common in cases involving:
- drug possession for sale (HS 11351)
- drug sale/transportation (HS 11352)
- marijuana sale/transportation (HS 11360)1
California drug court provides rehabilitation instead of punishment to nonviolent offenders.
What do I have to do?
Typical conditions of California drug court include:
- attending drug education classes
- going to counseling
- taking – and passing – drug tests
- going to work, vocational training, and/or school
- checking in monthly with your probation officer
Note that every jurisdiction has its own specific rules and regulations you have to follow.2
Do I enter a plea?
If you have no other criminal history, you can participate in California drug court without entering a plea. As part of this “pre-plea program,” the court pauses prosecution on your underlying charge while you undergo rehab. Prosecution resumes only if you get kicked out of drug court by violating its rules.
If you do have a criminal record, judges typically require you to plead guilty before accepting you into drug court. As part of this “post-plea program,” you will also be placed on probation. If you complete the program, your charge gets dismissed; otherwise, you will be convicted of and sentenced for your underlying charge.3
Pros and cons
California drug court is a win-win as long as you finish it. Firstly, you stay out of jail. Even a short sentence behind bars could cause you to lose your:
- job,
- ability to support your family,
- custody rights,
- relationships, and
- reputation.
Secondly, you receive treatment, which will help you maintain all those things. Thirdly, your drug charge gets dropped. Having a clean criminal record greatly improves your long-term prospects of getting:
- a job,
- housing,
- an education, and
- professional licenses.
Judges and law enforcement prefer drug court, too, because:
- it frees up space in jails and prisons,
- rehabilitation costs the state less than incarceration, and
- research indicates that drug court reduces the odds of you breaking the law again (“recidivism”).4
Other types of drug courts
Most California drug courts serve adults facing a nonviolent drug charge, though there are three other models of drug courts available for different populations.
- Post-adjudication programs. If you have already been convicted on drug charges, you may be able to do drug court in lieu of jail or prison. Your conviction stays on your record, but you get to remain out of custody as long as you are compliant.
- Juvenile drug court. Young people under 18 may avoid delinquency convictions as long as they complete treatment, which is closely supervised by the court. Family participation is central.
- Dependency drug court. This is a civil program with a dual purpose: Treating parents for addiction while honing their parenting skills so that they can retain custody and keep their kids safe. Failure to complete rehab may result in loss of their parental rights.3
Completing drug court results in your drug charge getting dismissed.
Alternatives to drug court
California offers two diversion programs similar to drug court where your drug case gets dismissed upon successful completion of rehab.
- California Proposition 36 (“Prop. 36) is a mandatory drug diversion program if you are charged with first- or second-time drug possession. You are sentenced to formal probation, and treatment lasts up to two years.5
- Penal Code 1000 PC – California’s “deferred entry of judgment” (DEJ) program functions similarly to Prop. 36, except it is not mandatory, you are not put on probation, and treatment lasts 18 months to three years.6
Related reading
See our articles on California laws for specific drugs:
- cocaine
- codeine
- ecstasy (“X”)
- gamma-hydroxybutyric acid (“GHB”)
- heroin
- hydrocodone (“Vicodin”)
- ketamine (“Special K”)
- marijuana
- methamphetamines
- phencyclidine (“PCP”)
Additional resources
If you are struggling with substance abuse addiction, you can find help here:
- Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- Recovery Centers of America – Treatment centers in seven states.
- SMART Recovery – Group therapy for young people struggling with addiction.
- Partnership to End Addiction – Information on how to find drug addiction treatment.
Legal References:
- See Drug Courts, California Courts. California Penal Code 1000.5 PC.
- Same. See, for example, People v. Nolan (Cal.App. 2002) ; People v. Alexander (Cal.App. 2015) .
- Same.
- Do Drug Courts Work? Findings From Drug Court Research, National Institute of Justice.
- PC 1210.1.
- PC 1000.