Prop 36 and Diversion

The court system has come to recognize that punishment without attempts at rehabilitation is fruitless when it comes to drug cases. In the year 2000 the Substance Abuse and Crime Prevention Act was passed. This is commonly known as Proposition 36 or Prop 36.

Proposition 36 mandates probation and drug treatment for people convicted of nonviolent drug possession offenses. Offenses that qualify as nonviolent drug possession include: personal use, possession for personal use and transportation for personal use. The drugs involved may be: heroin, LSD, cocaine base or crack cocaine, marijuana, opium, cocaine powder, methamphetamine or meth, PCP, methadone, and Khat.

Limitations and Exclusions on Prop 36

There are many limitations and exclusions on Prop 36:

  • It is not available if the accused has a prior strike conviction unless 5 years have passed since the strike conviction. During those 5 years there must be no new prison commitments or convictions of non-drug felonies or violent misdemeanors
  • It is not available if there is another non-drug misdemeanor or felony conviction in the same case
  • It is not available if the accused while using a firearm, possessed or was under the influence of certain drugs
  • It is not available if the accused refuses to participate in drug treatment as a term of his or her probation
  • It is not available if the accused has participated in two or more separate courses of treatment and whom the court declared not amenable to drug treatment.

If the accused successfully completes the Prop 36 drug treatment program, the original charge will be dismissed.

For first time offenders, the court may grant a diversion program. A diversion drug program is similar in nature but less rigorous and demanding then the Prop 36 program. Ask your Sacramento drug lawyer about the diversion program.

Contact us today to discuss your eligibility for the Prop 36 or diversion drug programs. We are able to represent you with the highest degree of knowledge and competence. At Bonilla & Cintean, LLP. we work hard to obtain a favorable result. This involves using some of the best investigators as well as narcotic experts.