California’s Substance Abuse and Crime Prevention Act, known as “Proposition 36,” was passed by California voters in 2000. Proposition 36 allows people receiving their first or second nonviolent, simple drug possession conviction to seek treatment instead of going to jail. By taking Proposition 36’s treatment option, over 36,000 California residents get help for drug addiction each year instead of going to jail.
Californians who are eligible for Proposition 36 treatment must meet certain criteria. First, they must not have been convicted of a violent or serious felony, including manufacturing or selling illegal drugs. Second, they must be on their first or second conviction for drug possession or being under the influence, be on probation for drug possession or being under the influence, or be on parole for a nonviolent felony.
Under Proposition 36, a judge in charge of sentencing an eligible person may choose to place that person on probation and require that he or she complete a drug treatment program. The length and intensity of the drug treatment program varies with each individual case. Once the treatment program is over, their attorney may petition the court to dismiss the drug charges.
Both drug possession and being under the influence of a controlled substance, such as meth, cocaine, marijuana or prescription drugs, can carry serious penalties in California. Proposition 36 provides a way in which drug users can receive help to overcome addiction, instead of just sitting around in jail. If you or a loved one has been charged with drug possession or being under the influence, please don’t hesitate to contact the experienced Los Angeles drug offense defense attorneys at Sitkoff & Hanrahan. Our skilled legal team will fight to protect your rights as we seek the best possible outcome in your drug case. Call us at 1-866-430-8383 to discuss your options.