California Penal Code 1000 PC – Drug Diversion Program

California Penal Code 1000 allows certain people charged with non-violent drug offenses to avoid a criminal conviction through a pretrial diversion program focused on treatment instead of punishment.

If you qualify and successfully complete the program, your criminal charges may be dismissed, and your arrest record may be sealed in many cases.

This program is designed for people accused of low-level drug offenses involving personal use or drug possession—not drug sales, trafficking, or violent crimes.

Instead of going through the traditional criminal court process, eligible defendants may complete education, counseling, treatment, and rehabilitation requirements over a period of 12 to 18 months.

If you successfully complete the program:

• Criminal charges may be dismissed
• You may avoid jail time
• You may avoid a conviction
• Your arrest record may be sealed
• You may protect employment opportunities

California developed this diversion program to tackle substance abuse problems and decrease the chance of unnecessary jail time for minor offenses.

Esfandi Law Group is ready to assist. Book your free consultation by calling (310) 274-6529 or through the contact form provided.

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How Penal Code 1000 Drug Diversion Works

In California, the most commonly used drug diversion programs are Penal Code 1000 (PC 1000) and Proposition 36 (Prop 36).

California Penal Code 1000 follows a structured pretrial process that allows eligible defendants to avoid a criminal conviction by completing treatment and rehabilitation requirements.

While the exact process may vary slightly by county, most cases follow a similar path.

Step 1: Criminal Charges Are Filed

The process usually begins after an arrest for an eligible non-violent drug offense, such as simple possession, drug paraphernalia possession, or being under the influence of a controlled substance.

Example: Someone is arrested for possessing cocaine for personal use under Health and Safety Code 11350.

Step 2: Prosecutors Review Eligibility

The prosecutor reviews your criminal history, current charges, and case facts to determine whether you may qualify for diversion.

They typically evaluate:

• Whether the offense involved personal drug use
• Whether violence was involved
• Whether there is evidence of drug sales or trafficking
• Your prior criminal record

Step 3: Court Notification of Eligibility

If prosecutors believe you may qualify, your attorney and the court are notified that your case may be eligible for Penal Code 1000 diversion.

In some cases, the court may request additional review before approving participation.

Step 4: Enrollment in a Court-Approved Program

Once approved, you may be ordered to complete a court-approved treatment program that often includes:

• Drug education classes
• Substance abuse counseling
• Outpatient treatment
• Inpatient rehabilitation in some cases
• Drug testing
• Progress monitoring

Programs typically last 12 to 18 months, depending on the circumstances.

Step 5: Compliance Monitoring

During the diversion period, you must comply with all court requirements.

This may include:

• Attending all treatment sessions
• Passing drug tests
• Remaining arrest-free
• Completing counseling assignments
• Appearing in court when required

Step 6: Successful Completion Leads to Dismissal

If you successfully complete all program requirements, the court may dismiss your criminal charges.

This often allows you to avoid:

• A criminal conviction
• Jail time
• Probation
• Long-term employment consequences

In many cases, you may also seek record sealing relief.

Step 7: Failure to Complete the Program

If you fail treatment, miss required classes, fail drug tests, or are arrested again, the court may terminate your participation.

If this happens:

• Your original criminal charges may be reinstated
• Your case returns to traditional criminal court proceedings
• You still maintain your right to fight the charges at trial

Failure to complete diversion does not automatically result in a conviction.

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Who Qualifies for Penal Code 1000 Diversion? Chart

Drug Crimes That May Qualify for Penal Code 1000 Diversion

California Penal Code 1000 typically applies to low-level, non-violent drug offenses involving personal use, simple possession, or minor drug-related conduct.

Eligibility depends on your criminal history, the facts of your case, and whether prosecutors believe the offense involved personal use rather than sales or trafficking.

Health and Safety Code 11350 — Simple Possession of Controlled Substances

This law covers possession of controlled substances for personal use.

Common substances include:

• Cocaine
• Heroin
• Oxycodone
• Hydrocodone
• Codeine
• PCP
• Ketamine

Example: A first-time offender is arrested for possessing a small amount of cocaine for personal use.

Health and Safety Code 11377 — Possession of Methamphetamine

This law applies to simple possession of methamphetamine for personal use.

Example: Police find a small amount of methamphetamine during a traffic stop.

Health and Safety Code 11550 — Being Under the Influence of a Controlled Substance

This charge applies when someone is allegedly under the influence of illegal drugs.

Example: Police arrest someone who appears to be under the influence of narcotics in public.

Health and Safety Code 11364 — Possession of Drug Paraphernalia

This law covers possession of items used to consume controlled substances.

Examples include:

• Pipes
• Syringes
• Drug kits
• Smoking devices

Example: Police find drug paraphernalia during a search.

Health and Safety Code 11368 — Forged or Fraudulent Prescriptions

This law applies when someone uses fake prescriptions to obtain controlled substances.

Example: A person alters a prescription to obtain additional pain medication.

Under California Health and Safety Code Section 11375(b)(2) HS, possessing benzodiazepines without a legitimate prescription from a licensed medical provider is a criminal offense.

Health and Safety Code 11358 — Certain Marijuana Cultivation Offenses

Some unlawful marijuana cultivation offenses may qualify depending on the facts.

Example: A person grows marijuana beyond legal limits for personal use.

Health and Safety Code 11365 — Aiding or Being Present During Drug Use

This law may apply when someone helps another person use controlled substances.

Example: A person allows others to use narcotics inside their home.

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Why Eligibility Can Still Be Denied

Even if your charge appears on this list, prosecutors or judges may still deny diversion if:

• There is evidence of drug sales
• Large quantities of narcotics were involved
• Weapons were present
• Violence occurred
• You have a disqualifying criminal history

An experienced criminal defense attorney can help determine whether your case qualifies and advocate for diversion when prosecutors initially deny eligibility.

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Drug Charges That Usually Do NOT Qualify

Some drug offenses are usually ineligible.

Health and Safety Code 11351 — Possession for Sale

Drug sales offenses typically do not qualify.

Health and Safety Code 11352 — Drug Transportation or Sales

Drug transportation and distribution cases are generally excluded.

Violent Drug Crimes

Violence-related offenses may disqualify you.

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Conditions of Penal Code 1000 Drug Diversion

Once you are accepted into California's Penal Code 1000 drug diversion program, you must comply with specific court-ordered conditions to remain eligible for dismissal.

The exact requirements may vary by county, treatment provider, and your individual circumstances, but most participants must complete several common obligations.

Complete a Court-Approved Drug Treatment Program

You must enroll in and successfully complete an approved treatment or education program.

This may include:

• Drug education classes
• Outpatient treatment
• Inpatient rehabilitation
• Substance abuse counseling
• Relapse prevention programs

Most programs last between 12 and 18 months.

Submit to Drug Testing

Many diversion programs require random or scheduled drug testing to verify sobriety and compliance.

Failing drug tests may place your participation at risk.

Attend All Required Court Hearings

You may be required to appear in court for progress updates, compliance reviews, or final dismissal hearings.

Missing court dates can result in violations.

Remain Arrest-Free

Getting arrested for a new offense while enrolled in diversion may lead to termination from the program.

This includes:

• Drug offenses
• DUI arrests
• Violent crimes
• Theft offenses

Follow Program Rules

Treatment providers often require participants to follow strict internal rules, including:

• Attending counseling sessions on time
• Completing assignments
• Participating in group meetings
• Maintaining communication with counselors

Pay Program Fees

Some counties or treatment providers may require participants to pay program costs, administrative fees, or testing fees.

Financial hardship accommodations may sometimes be available.

What Happens After Successful Completion?

If you successfully complete all program requirements:

• Your criminal charges may be dismissed
• You may avoid a conviction
• You may avoid jail time
• You may protect future employment opportunities
• You may qualify for record sealing in certain cases

What Happens If You Violate Program Conditions?

Violations may include:

• Missing treatment sessions
• Failing drug tests
• Missing court appearances
• New arrests
• Failing to complete counseling

If violations occur, the court may terminate your participation and resume criminal proceedings on your original charges. However, you still maintain the right to defend yourself in court and are not automatically convicted.

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Other California Diversion Programs

Penal Code 1000 is not the only alternative sentencing program available in California.

Depending on your criminal history, the type of charges you face, and whether substance abuse, mental health issues, or military service contributed to the offense, you may qualify for other diversion programs that can help you avoid jail or reduce long-term consequences.

An experienced California criminal defense attorney can determine which program offers the best path to dismissal, treatment, or reduced penalties.

Proposition 36 Drug Diversion

California Proposition 36 allows certain defendants convicted of non-violent drug possession offenses to receive court-supervised treatment instead of jail or prison.

Unlike Penal Code 1000, Proposition 36 often applies after a guilty plea or conviction and may require formal probation.

This program may include:

• Drug treatment
• Counseling
• Probation supervision
• Regular court monitoring
• Drug testing

Example:
A person with prior drug convictions who does not qualify for Penal Code 1000 may still qualify for Proposition 36 treatment.

California Drug Court Programs

Drug courts are specialized court programs designed to help repeat offenders and individuals struggling with addiction receive treatment instead of incarceration.

These programs often involve:

• Frequent court appearances
• Intensive supervision
• Substance abuse treatment
• Recovery meetings
• Random drug testing

Some counties offer local drug court programs with unique eligibility requirements.

Example: A repeat offender with multiple possession arrests may be referred to drug court instead of serving jail time.

Mental Health Diversion — Penal Code 1001.36

California Penal Code 1001.36 allows eligible defendants with qualifying mental health disorders to receive treatment instead of traditional criminal prosecution.

Qualifying conditions may include:

• PTSD
• Bipolar disorder
• Schizophrenia
• Major depression
• Anxiety disorders

If completed successfully, criminal charges may be dismissed, and arrest records may be sealed in many cases.

Example:
A defendant charged with a low-level offense tied to untreated mental illness may qualify for treatment instead of jail.

Military Diversion — Penal Code 1001.80

Veterans and active-duty military members suffering from service-related conditions may qualify for military diversion.

Qualifying conditions may include:

• PTSD
• Traumatic brain injuries
• Substance abuse disorders
• Military sexual trauma
• Mental health conditions connected to service

Successful completion may result in the dismissal of charges.

Example:
A veteran arrested for drug possession related to untreated PTSD may qualify for military diversion.

Misdemeanor Diversion — Penal Code 1001.95

California Penal Code 1001.95 allows judges to offer diversion in certain misdemeanor cases, even when other diversion statutes do not apply.

This program may involve:

• Counseling
• Community service
• Educational classes
• Restitution payments

Successful completion may result in dismissal.

Example:
A first-time misdemeanor offender may avoid a permanent criminal record through judicial diversion.

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Which Diversion Program Is Best?

The best diversion option depends on:

• Your criminal history
• Whether addiction played a role
• Mental health diagnoses
• Military service history
• The severity of your charges
• Whether prosecutors oppose diversion

Some defendants may qualify for multiple programs, while others may have only one option available.

Early legal representation can help identify the most effective diversion strategy before prosecutors push for jail time or formal convictions.

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Benefits of Drug Diversion

Successful completion offers major benefits.

Avoid a Criminal Conviction

This can protect your future.

Avoid Jail

Treatment may replace incarceration.

Protect Employment

A clean record may preserve job opportunities.

Address Substance Abuse

Treatment may reduce future arrests.

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Example of Penal Code 1000 Diversion

A first-time offender is arrested for possessing cocaine for personal use under Health and Safety Code 11350.

Because the person has no recent criminal record and no evidence of drug sales, they qualify for Penal Code 1000.

They complete counseling and testing for one year.

Result: The charges are dismissed.

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Frequently Asked Questions

Does Penal Code 1000 erase my record?

It may allow dismissal and sealing of records in many situations.

Can I go to jail if I qualify?

Usually, diversion helps avoid jail.

Can felony drug charges qualify?

Some may qualify, but many sales offenses do not.

What if I fail the program?

Your criminal case may resume.

Do I need a lawyer for drug diversion?

Yes. An attorney can help maximize your chances of qualifying.

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Why Legal Representation Matters

A post-traumatic stress disorder defense can be used in a criminal case in California, but only in specific ways.

Not every defendant is automatically offered diversion.

A criminal defense attorney may help by:

• Arguing eligibility
• Negotiating with prosecutors
• Protecting your record
• Preventing unnecessary jail time

If you are facing low-level drug charges in California, Penal Code 1000 diversion may provide a path to treatment and dismissal instead of a permanent criminal record.

Esfandi Law Group is available to assist you. Book your free consultation now.