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Drug charges & diversion

Drug charges & diversion answers, page 2

Drug charges, testing and seizures, and drug diversion programs.

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Answers 39 to 75 of 75

Sorted by question. General information, not advice for an individual case. Search the whole library or choose another topic below.

Drug charges & diversionLegal answer

How does Los Angeles County's mental health diversion program work?

How Los Angeles County's Rapid Diversion Program moves a mental health diversion referral, the separate ODR Housing pathway, and competency cases.

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Drug charges & diversionLegal answer

How does military diversion work in San Bernardino County criminal court?

How San Bernardino County's court handles a Penal Code 1001.80 military diversion request, and when it refers a veteran to Veterans Treatment Court instead.

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Drug charges & diversionLegal answer

How does Penal Code 12022(c) change sentencing for a drug charge?

Penal Code 12022(c) adds three to five years for being personally armed during drug sales or manufacturing, not simple possession for personal use.

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Drug charges & diversionLegal answer

How does San Diego's Homeless Court Program work?

San Diego's Homeless Court Program: which cases qualify, how service-agency referrals work, monthly resource fairs, and Clean Plates for parking tickets.

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Drug charges & diversionLegal answer

How does San Diego's Juvenile Diversion Initiative work?

How the San Diego DA's Juvenile Diversion Initiative works: who qualifies, what families do, and how completion leads to sealing under WIC 786.5.

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Drug charges & diversionLegal answer

How is a military-diversion request prepared in San Diego criminal court?

San Diego uses form CRM-284 and local guidance for a supporting motion, service history, clinical assessment and proposed treatment plan before military diversion is considered.

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Drug charges & diversionLegal answer

How is restitution set in Santa Barbara County misdemeanor diversion?

Compare Santa Barbara SC-3107 and SC-3108, the claimed victim loss, hearing or stipulation, amount and payment terms; indigence has a statutory safeguard.

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Drug charges & diversionLegal answer

Is a Delta-8 THC vape or edible from a smoke shop legal in California?

California bans hemp vapes and THC in hemp edibles, and Delta-8 converted from CBD is a synthetic cannabinoid. What sellers and buyers each face.

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Drug charges & diversionLegal answer

Is being present while others use drugs a crime in California?

California's HS 11365 visiting law requires aiding or abetting drug use, not just presence. See what the statute and CALCRIM 2401 actually require.

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Drug charges & diversionLegal answer

Is crack cocaine punished differently than powder cocaine in California?

California now uses the same sentencing ranges for crack and powder cocaine. See what changed in 2015, what was later repealed, and how federal law differs.

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Drug charges & diversionLegal answer

Is HS 11364 drug paraphernalia possession a misdemeanor, and is it separate from a drug charge?

HS 11364 paraphernalia possession is a misdemeanor: a $30 to $500 fine, 15 to 180 days in jail, or both under HS 11374. It is charged apart from possession.

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Drug charges & diversionLegal answer

Is huffing glue, paint thinner, or other inhalants illegal in California?

Penal Code 381 makes having glue or paint thinner to inhale for a high, or knowingly being under its influence, a misdemeanor anywhere in California.

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Drug charges & diversionLegal answer

Is it illegal to possess psilocybin mushroom spores in California?

Psilocybin mushrooms are illegal in California, but spores are different. See what Health and Safety Code 11390 and 11391 make a crime and what they leave out.

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Drug charges & diversionLegal answer

Is it legal to carry fentanyl test strips in California?

California exempts fentanyl test strips and checking equipment from its drug paraphernalia law. Here is the exact statute and its limits.

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Drug charges & diversionLegal answer

Is khat illegal to possess in California?

Khat and cathinone are Schedule II drugs in California. See the possession and sale laws, why Prop 36's new felony excludes them, and federal status.

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Drug charges & diversionLegal answer

Is kratom illegal to possess in California?

Kratom is not on California's drug schedules, but the state bars selling it for consumption, San Diego bans possession, and federal 7-OH rules are expanding.

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Drug charges & diversionLegal answer

Is possessing nitrous oxide for intoxication a crime in California?

Possessing nitrous oxide to get high is a misdemeanor in California. See Penal Code 381b, the rules for sellers, and the new sales limits starting in 2027.

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Drug charges & diversionLegal answer

Is Salvia divinorum legal in California?

Salvia divinorum is not on California's drug schedules. Penal Code 379 bans furnishing it to anyone under 18, and DUI and analog laws still apply.

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Drug charges & diversionLegal answer

Is selling cannabis without a license a crime or just a civil fine?

Unlicensed cannabis sale can mean criminal charges under HS 11359 or 11360 and separate civil fines under BPC 26038. See when each applies.

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Drug charges & diversionLegal answer

Is synthetic marijuana (K2 or Spice) illegal in California?

K2, Spice, and other synthetic cannabinoids are criminalized separately from real cannabis in California, with escalating penalties from the first offense.

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Drug charges & diversionLegal answer

What counts as prescription fraud or doctor shopping in California?

California prescription fraud does not require a forged document. What Health and Safety Code 11173 prohibits, how doctor shopping fits, and the penalty.

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Drug charges & diversionLegal answer

What does a California Health and Safety Code § 11370.1 charge require?

A California HSC § 11370.1 charge is a standalone felony. See covered substances, possession and firearm requirements, lawful fentanyl exception, penalty, and diversion rule.

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Drug charges & diversionLegal answer

What does San Bernardino's section 11395 treatment agreement require?

Before signing San Bernardino's section 11395 treatment agreement, check the plea, approved plan, progress hearing, testing and statutory response to problems.

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Drug charges & diversionLegal answer

What does San Diego's treatment-mandated felony plea addendum require?

San Diego form CRM-338 records a treatment-mandated felony plea and deferred judgment. See the waivers, evaluation, court review, and possible outcomes.

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Drug charges & diversionLegal answer

What does the San Diego Adult Drug Court contract require before I agree?

San Diego Adult Drug Court uses a detailed participant contract. Check plea and probation terms, testing, treatment phases, travel rules and which charges may be dismissed.

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Drug charges & diversionLegal answer

What exactly does California's 911 Good Samaritan overdose law protect me from, and what doesn't it cover?

California's 911 overdose law shields callers and overdose victims from limited drug charges, not DUI, sales, or forced drugging. See HS 11376.5's real scope.

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Drug charges & diversionLegal answer

What happens after San Luis Obispo County grants misdemeanor diversion?

Use the signed San Luis Obispo diversion agreement to track enrollment, progress and completion dates, and check the court protocol for submitting proof.

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Drug charges & diversionLegal answer

What if a drug diversion provider reports noncompliance incorrectly?

A drug diversion provider's noncompliance report does not end PC 1000 diversion by itself. See the required notice, hearing, and how to raise an error.

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Drug charges & diversionLegal answer

What if state and federal authorities investigate the same drug case?

Both governments can pursue one drug case. California's bar in PC 656 and 793 applies only after a federal or out-of-state conviction or acquittal.

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Drug charges & diversionLegal answer

What is judicial diversion for a California misdemeanor?

See when a California judge may offer misdemeanor judicial diversion, what completion requires, and when dismissal and limited arrest-record protections follow.

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Drug charges & diversionLegal answer

What is San Diego's Community Justice Initiative diversion class?

San Diego's Community Justice Initiative: the DA's court-mandated Zoom class, the City Attorney's same-name community service program, and which applies.

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Drug charges & diversion

What is the difference between a field drug test and a lab test in California?

Field Drug Test vs. Lab Analysis in California: What Each Shows. Understand the evidence, limits, and practical records to review in California.

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Drug charges & diversionLegal answer

What is the difference between Penal Code 4573, 4573.5, 4573.6, and 4573.8?

PC 4573 and 4573.5 cover bringing contraband into a California jail or prison; 4573.6 and 4573.8 cover possessing it inside, each with its own felony term.

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Drug charges & diversionLegal answer

What must an outside provider's mental health diversion plan include in San Luis Obispo?

San Luis Obispo Department 10 asks for a detailed outside-provider plan before a mental health diversion hearing. Learn what the plan and reports must cover.

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Drug charges & diversionLegal answer

What should I check on a Riverside County PC 1000 drug-diversion referral?

Read the actual Riverside PC 1000 referral for the assigned program, enrollment and completion hearings, reporting duties and final dismissal date.

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Drug charges & diversionLegal answer

Will a drug conviction suspend my driver's license in California?

Most drug convictions no longer affect a California license. See the under-21 rule in Vehicle Code 13202.5 and the felony-with-a-vehicle rule.

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Drug charges & diversionLegal answer

Will San Diego Drug Court accept me after I move?

San Diego CRM-227 requests Drug Court review after a move. Check good standing, court certification, residence proof, and the separate placement decision.

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