California's approach to drug-related offenses includes several diversion programs aimed at addressing substance use and reducing the burden on the criminal justice system.

Two common drug diversion programs are Penal Code 1000 (PC 1000) and Proposition 36 (Prop 36). Each program offers an alternative to traditional prosecution and sentencing, focusing on rehabilitation rather than incarceration. However, they differ significantly in terms of eligibility, structure, and application.

Common California drug diversion programs are Penal Code 1000 PC and Proposition 36, which focus on rehabilitation.

These programs, however, are not available to everyone who faces drug charges. Neither program, for example, is available to a defendant when the underlying arrest also involves a firearm, violence (or threats of violence), or sales of drugs.

However, in each program, dismissal of the case is available if the defendant completes the program. Notably, It's mandatory under PC 1000 and discretionary under Prop 36.

The programs have many differences. PC 1000 is available for more types of offenses, while Prop 36 is available for both first and second-time offenders. In other words, one may qualify for PC 1000 but not Prop 36.

If you have been accused of a drug crime, contact our criminal defense attorneys to review the details and your case. Let us explain your deferred entry of judgment legal options, which could allow you to get your criminal charges dismissed without a conviction.

Overview of PC 1000

Penal Code 1000 PC establishes a pretrial diversion program for specific non-violent drug offenses. Commonly referred to as PC 1000 diversion, this program allows eligible defendants to complete a drug education or treatment program instead of proceeding through the regular criminal justice process.

If the defendant completes the program, the charges against them are dismissed, and they can avoid a criminal record. To qualify for PC 1000, the following conditions must generally be met:

• The offense is a non-violent drug-related crime, such as simple possession of controlled substances or being under the influence of drugs.
• The offense must not involve the sale or intent to sell controlled substances.
• The individual must not have any prior felony convictions within the past five years.
• The defendant has no record of violence, nor should the current offense involve threats or violence.

The prosecuting attorney determines eligibility during the early stages of the case. If accepted, the defendant pleads guilty to the charges, but the judge issues a "deferred entry of judgment" pending completion of the program.

Once admitted into the program, the defendant is required to complete their treatment or education program through certified providers. These programs typically include counseling, group therapy, and educational sessions about the dangers of drug use and the benefits of a drug-free lifestyle.

The program emphasizes personal accountability and rehabilitation, which involves regular drug screening and attendance expectations. Importantly, the completion of PC 1000 results in the dismissal of charges, effectively sealing the case from public records.

Types of Offenses that Qualify

The list of offenses that qualify for rehabilitation under PC 1000 is long, but the most common are:

• Being under the influence of a controlled substance (Health & Safety Code 11550 HS or charged as drunk in public (Penal Code 647(f).
• Driving while in possession of marijuana (Vehicle Code 23222(b)).
• Possession of less than an ounce of marijuana (HS 11357).
• Possession of a controlled substance (HS 11377 or HS 11350), such as cocaine, methamphetamine, ecstasy, phencyclidine (PCP), codeine, hydrocodone (Vicodin), ketamine (Special K), gamma-hydroxybutyric acid (GHB), heroin, and peyote.
• Cultivating marijuana (HS 11358).
• Possessing drug paraphernalia (HS 11364).
• Knowingly being in a place where drugs are being used (HS 11365).
• Forging or presenting a forged prescription to obtain drugs (HS 11368).

Overview of Prop 36

Proposition 36, approved by California voters in 2000, is also known as the "Substance Abuse and Crime Prevention Act of 2000." It offers another diversion pathway for those convicted of certain drug-related crimes who may not be eligible for PC 1000 diversion.

Unlike PC 1000, Prop 36 applies after conviction and functions as a probationary sentencing alternative to avoid incarceration. The program focuses on treatment and rehabilitation, with judges retaining discretion during sentencing to mandate participation.

Notably, This is not to be confused with the more recent Proposition 36 approved by voters in 2024, which increases penalties for certain drug or theft crimes. Key eligibility criteria for Prop 36 diversion include:

• The individual must be convicted of a non-violent drug possession offense (NDPO).
• The crime must not involve drug sales or manufacturing.
• The offender must not have a history of violent or serious crimes unless they have completed their sentence for those offenses.
• The individual must be determined to benefit from treatment rather than incarceration.

Those admitted into Prop 36 receive a suspended sentence and are placed on probation, with the primary condition being completion of a court-approved drug treatment program.

This program can last up to 12 months or may be extended if the courts deem it necessary. If an individual fails to comply or commits a violation during probation, they may face incarceration or other penalties, which could include a longer probation period or additional treatment requirements.

Unlike PC 1000, dismissal of charges is not guaranteed for Prop 36 participants, as it depends on their successful completion of the probationary period. However, individuals who do complete the program may petition the court to have their convictions set aside and dismissed. This process involves reviewing the individual's progress and determining whether they have met the program's requirements.

Prop 36 and PC 1000 - Quick Facts

• Prop 36 is not available for someone charged with cultivating marijuana, even if it is for one's personal use or forging or presenting a forged prescription to obtain drugs.
• As noted, Prop 36 is available even if one is convicted at trial. One does not waive eligibility for the program by fighting the case all the way through trial.
• Prop 36 is available to individuals who have been convicted of a serious or violent felony under California's three strikes law.
• One who is assigned to Prop 36 is sentenced and placed on formal probation while participating in the program.
• An individual on PC 1000 is not on any form of probation at all when in the program. A person who has afforded PC 1000 is also not sentenced for the underlying offense.
• PC 1000 is not available to anyone who participated in a drug diversion program or delayed entry of judgment program within five years of the charged offense.
• PC 1000 is also unavailable to anyone with a prior felony conviction within five years of the alleged charged offense. PC 1000 is longer than Prop 36.
• PC 1000 is usually eighteen months long but can be as long as three years.
• Prop 36 is usually one year but can be as long as two years.
• If someone has a choice between the two programs, PC 1000 is far better, although it is longer.

Prop 36 and PC 1000 - Key Differences

While both programs share the goal of rehabilitation and reducing recidivism, Penal Code 1000 and Proposition 36 have notable differences in terms of purpose, process, and eligibility:

• Timing: PC 1000 is a pretrial diversion program that, if completed, avoids conviction, while Prop 36 is a post-conviction option in which treatment replaces jail time.
• Eligibility: PC 1000 has stricter criteria, excluding those with prior felonies or violent charges, while Prop 36 allows more complex cases, including some with prior felony convictions.
• Outcome: PC 1000 participants avoid a conviction entirely, while Prop 36 requires completing probation and petitioning for dismissal, subject to judicial discretion.
• Program Length: PC 1000 involves an 18-month commitment to a treatment/education program, while Prop 36 programs last 6-12 months unless extended.
• Scope: PC 1000 is limited to specific offenses, while Prop 36 applies to a broader range of non-violent drug-related crimes.

For more information, contact Eisner Gorin LLP, our California criminal defense lawyers based in Los Angeles, CA.

Related Content:

• Penal Code 1000 PC
• CA Proposition 36