| Intro | | | | • The penalty for possession of |
| California is the nation's leader in drug arrests. A | | | | controlled substance for sale or purchase of |
| drug arrest causes major havoc in a person's life, | | | | controlled substance for the purpose of sale is |
| because the penalties are harsh, with | | | | punishable by imprisonment in the state prison for |
| imprisonment in county jail or state prison. A drug | | | | two, three, or four years. |
| arrest can follow a person through their whole life, | | | | • The penalty for importing into this |
| because a criminal record lasts a lifetime. Although | | | | state or transporting a controlled substance for |
| there are many different types of drugs, the | | | | the purpose of selling furnishing, administering or |
| most commonly prosecuted are: | | | | giving away is punishable by imprisonment in the |
| • Marijuana | | | | state prison for three, four, or five years. |
| • Cocaine | | | | • The penalty for possession of drug |
| • Cocaine based drugs, like "crack" | | | | paraphernalia is punishable by fines up to $1,000 |
| • Methamphetamine | | | | and/or imprisonment in the county jail and/or |
| • Heroin | | | | state prison. |
| • Ecstasy | | | | Proposition 36 is a ballot initiative that sends drug |
| • PCP | | | | offenders to treatment programs instead of |
| The following is a brief overview of the general | | | | prison and has great potential for treating abusers |
| rules under California law dealing with illegal drugs: | | | | of drugs rather than simply sending them to jail. |
| • No person may possess any controlled | | | | Proposition 36 generally applies to three classes of |
| substance as defined by the California Health and | | | | people: 1) those with new convictions for drug |
| Safety Code. | | | | possession or being under the influence, 2) |
| • No person may possess or purchase | | | | persons on probation for drug possession or |
| any controlled substance for the purpose of sale. | | | | under-the-influence offenses, and 3) persons on |
| • No person may transport or import | | | | parole with no prior convictions for a serious or |
| into this state any controlled substance for the | | | | violent felony. |
| purposes of selling, furnishing, administering or | | | | People with new convictions for drug offenses |
| giving away. | | | | qualify for treatment provided that they are not |
| • No person shall possess items known | | | | convicted of sale or manufacture or any non-drug |
| as drug paraphernalia, knowing or under | | | | crimes at the same time. Offenders are excluded |
| circumstances where one reasonably should | | | | if they have a prior conviction for a serious or |
| know, that it will be used to plant, propagate, | | | | violent felony (a "strike"), unless they have served |
| cultivate, grow, harvest, compound, convert, | | | | their prison time and have been out of prison for |
| produce, process, prepare, test, analyze, pack, | | | | five years with no felony convictions or |
| repack, store, contain, conceal, inject, ingest, | | | | misdemeanor convictions involving the threat of |
| inhale, or otherwise introduce into the human body | | | | violence. Finally, individual offenders may "opt-out" |
| a controlled substance. | | | | of treatment by formally refusing it, in which case |
| The penalties for drug crimes range from | | | | they face sentencing under pre-existing law. |
| mandatory treatment programs, classes, | | | | Deferred entry of judgment is a program for |
| probation, to very severe consequences, such as | | | | first-time offenders which allow the offender to |
| county jail or state prison. Charges are generally | | | | avoid having a drug conviction on their record if |
| based upon quantity, intent to sell or distribute and | | | | they complete the diversion program. The |
| other factors such as weapons possession or use, | | | | accused is required to enter a plea of guilty to the |
| evidence of sales activity, having large amounts | | | | drug charge, but the accused is not sentenced. |
| of money, among others. The seriousness and | | | | Legally, a case is not final until the defendant is |
| ultimate punishment for drug crimes normally | | | | sentenced. The accused must then go through a |
| depends upon the quantity of the drug, the | | | | series of classes undergoing random drug testing. |
| classification under the Health and Safety Code | | | | If the defendant tests "dirty," the defendant is |
| drug schedule, and the purpose of the possession. | | | | deemed to have violated the terms of the |
| The purpose of the possession refers to whether | | | | diversion, allowing the court to sentence the |
| the drugs were for personal use or for sale. The | | | | defendant on the original guilty plea. But if the |
| following are the general penalties normally given | | | | defendant successfully completes the program, |
| out for drug crimes: | | | | criminal proceedings are dismissed, and the |
| • The penalty for possession of a | | | | defendant may legally answer that he or she has |
| controlled substance is punishable by fines up to | | | | never been arrested for, nor charged with, the |
| $500 and/or imprisonment in the county jail and | | | | offense. |
| or state prison. | | | | |