California law allows some people charged with qualifying drug offenses to avoid a traditional criminal conviction by completing treatment, education, or other court-approved requirements. Drug diversion laws have changed substantially over time, and California’s current system is different from the former “Deferred Entry of Judgment” program.
For many qualifying personal-use drug offenses, Penal Code section 1000 now provides a form of pretrial diversion.
Rather than immediately proceeding toward conviction and sentencing, an eligible defendant may have the criminal case temporarily suspended while participating in an approved program.
If diversion is successfully completed, the charges can be dismissed.
However, eligibility is not automatic, and California now has several different treatment and diversion mechanisms that should not be confused with one another.
What Is Drug Diversion in California?
Drug diversion is a process that allows certain qualifying defendants to address an alleged drug offense through treatment, education, counseling, or other court-approved requirements rather than immediately proceeding through the ordinary criminal process.
The goal is generally to address substance-use issues while giving eligible defendants an opportunity to avoid a conviction.
One of California’s primary drug-specific diversion laws is Penal Code section 1000.
How Penal Code 1000 Drug Diversion Works
Penal Code section 1000 applies to specified drug offenses that generally involve personal possession or personal use.
Examples of potentially qualifying offenses can include certain violations involving:
- Possession of a controlled substance
- Possession of certain controlled substances without lawful authorization
- Possession of drug paraphernalia
- Being under the influence of a controlled substance
- Certain personal-use cannabis offenses
- Certain prescription-related offenses involving personal use
Not every drug offense qualifies.
Charges involving drug sales, possession for sale, trafficking, manufacturing, or other conduct outside the statutes specifically covered by Penal Code section 1000 generally fall outside this form of diversion.
Do You Have to Plead Guilty to Enter Penal Code 1000 Diversion?
Under California’s current Penal Code section 1000 framework, qualifying defendants generally participate in pretrial diversion rather than the older Deferred Entry of Judgment system.
That distinction is important.
The former version of the law required an eligible defendant to enter a guilty plea before judgment was deferred.
California changed the law so that ordinary Penal Code section 1000 diversion can occur before trial without first requiring the defendant to plead guilty.
That is one of the most significant changes from the version of California law that existed when this article was originally published.
Who May Qualify for Penal Code 1000?
Eligibility depends on both the current charge and the defendant’s criminal history.
Under the current statute, prosecutors review whether the case involves one of the qualifying offenses and whether certain eligibility conditions are satisfied.
Those conditions generally include:
- The charged offense is one specifically covered by Penal Code section 1000
- The offense did not involve violence or threatened violence
- There is no disqualifying contemporaneous drug offense outside the qualifying statutes
- The defendant does not have certain recent controlled-substance convictions
- The defendant does not have a disqualifying recent felony conviction
Eligibility can depend on the precise charges and the defendant’s record, so a person should not assume that a drug charge either automatically qualifies or automatically does not qualify.
What Happens During Drug Diversion?
If diversion is granted, the criminal proceedings are temporarily suspended while the defendant completes the court-approved program.
Depending on the individual case and program, requirements may include:
- Drug education
- Substance-use treatment
- Individual or group counseling
- Drug testing
- Attendance and participation requirements
- Other conditions imposed by the court or program
California law requires referrals under Penal Code section 1000 to qualifying programs that meet applicable standards.
What Happens If You Successfully Complete Penal Code 1000?
Successful completion can provide a significant benefit.
When the defendant satisfactorily completes the diversion program, the criminal charges are dismissed.
California law also provides that, subject to certain exceptions, the arrest upon which the diversion was based is deemed to have never occurred.
The court may also issue an order sealing qualifying arrest records under applicable law.
This can make successful diversion substantially different from simply pleading guilty and receiving probation.
However, there are exceptions to the confidentiality and disclosure protections, including special rules involving applications for peace-officer positions and certain professional licensing matters.
What Happens If You Do Not Complete Diversion?
Diversion does not guarantee dismissal.
If the court determines that the defendant is not performing satisfactorily, commits specified new criminal conduct, or otherwise fails to satisfy the diversion requirements, the court can terminate diversion.
The underlying criminal prosecution can then resume.
Because ordinary Penal Code section 1000 diversion occurs before conviction, termination of diversion generally means the original case begins moving forward again rather than an automatic sentence being imposed on a previously entered guilty plea.
Drug Diversion Is Not the Same as Drug Court
The terms “drug diversion” and “drug court” are sometimes used interchangeably, but they are not necessarily the same thing.
Drug courts are specialized court programs that can involve intensive supervision, treatment, testing, regular court appearances, incentives, sanctions, and other requirements.
Eligibility and procedures can vary by county and by the particular program.
A defendant who does not qualify for Penal Code section 1000 may still have other treatment-related options depending on the charge, criminal history, county programs, and circumstances of the case.
Other California Misdemeanor Diversion
California law also provides a broader form of court-initiated misdemeanor diversion under Penal Code section 1001.95.
Under that statute, a superior court judge may offer diversion in certain misdemeanor cases and may do so even over the prosecutor’s objection.
The court may impose appropriate terms, conditions, or programs and continue the diverted case for up to 24 months.
If the defendant successfully completes the court-ordered requirements, the case is dismissed.
Certain offenses are excluded, including specified sex-registration offenses, domestic violence offenses, and stalking.
Whether this form of misdemeanor diversion is available in a particular drug case depends on the actual charges and circumstances.
How Did Proposition 36 Change California Drug Cases?
California voters approved Proposition 36 in 2024, creating a new category of drug case known as a treatment-mandated felony under Health and Safety Code section 11395.
This new law can apply when a person accused of possessing a qualifying “hard drug” has two or more specified prior drug convictions.
The statute defines qualifying hard drugs to include substances such as:
- Fentanyl
- Heroin
- Cocaine
- Cocaine base
- Methamphetamine
- PCP
- Certain other controlled substances covered by the statute
Unlike ordinary Penal Code section 1000 pretrial diversion, the treatment-mandated felony procedure generally requires the defendant to plead guilty or no contest, admit the qualifying prior convictions, and agree to participate in an approved treatment plan while entry of judgment is deferred.
What Happens in a Treatment-Mandated Felony Case?
A defendant charged under Health and Safety Code section 11395 may elect treatment instead of an immediate jail or prison sentence if the statutory requirements are satisfied.
The process can include:
- A substance-use and mental-health evaluation
- Development of an individualized treatment plan
- Drug treatment
- Mental-health treatment where appropriate
- Job training or other rehabilitative conditions
- Regular court review hearings
If the defendant successfully completes treatment and satisfies the statutory requirements, the court can dismiss the charge.
If treatment is unsuccessful or the defendant becomes ineligible or unsuitable under the statute, judgment may be entered and sentencing can follow.
Because this procedure requires a plea and deferred judgment, it should not be confused with Penal Code section 1000 pretrial diversion.
Does Proposition 36 Eliminate Penal Code 1000 Diversion?
No.
Penal Code section 1000 remains available for qualifying defendants and qualifying offenses.
However, Proposition 36 created a separate charging option for certain repeat defendants accused of possessing specified hard drugs.
A defendant’s prior record can therefore significantly affect what kind of treatment or diversion framework may be available.
Can Drug Diversion Help Avoid a Criminal Conviction?
In many qualifying cases, yes.
Successful completion of Penal Code section 1000 pretrial diversion generally results in dismissal without a conviction on the diverted charge.
Successful completion of treatment under the treatment-mandated felony statute can also result in dismissal under the specific procedures established by Health and Safety Code section 11395.
The details matter, however, because these procedures operate differently.
Is Possession for Sale Eligible for Drug Diversion?
Ordinary Penal Code section 1000 diversion is generally aimed at specified personal-use offenses.
Charges involving possession for sale, sales, transportation for sale, manufacturing, or similar conduct are treated differently.
Prosecutors may rely on evidence such as quantity, packaging, scales, cash, communications, or other circumstances to argue that drugs were intended for sale rather than personal use.
For more information about the distinction between simple possession and possession for sale, see our guide to drug possession charges in California.
Drug Diversion and Your Criminal Record
One of the primary benefits of successful diversion is avoiding a conviction on the diverted charge.
Under Penal Code section 1000, successful completion can also provide important protections relating to the arrest record.
Those protections are not absolute, and different disclosure rules can apply to law enforcement employment, professional licensing, immigration matters, and other specialized situations.
Anyone concerned about the long-term consequences of a drug case should obtain advice based on their particular circumstances.
Talk to a Fresno Drug Crimes Attorney
California’s drug diversion laws are considerably more complicated today than they were when the state’s older Deferred Entry of Judgment program was in effect.
Whether someone qualifies can depend on the exact drug charge, prior convictions, whether the case involves personal use or alleged sales, the availability of local programs, and whether Proposition 36’s treatment-mandated felony provisions apply.
For more information about criminal drug charges, visit our Fresno Drug Crimes Attorney page.
If you have been charged with a drug offense in Fresno or elsewhere in Central California, call the Law Office of Gregory W. Fox at (559) 222-5800 to request a confidential consultation.