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Convicted of a Drug Possession Offense in California?

Proposition 36 Can Replace Incarceration with Treatment — and Successful Completion Can Mean Your Conviction Is Dismissed and Your Record Is Cleared.

California criminal defense attorney David Chesley has successfully guided clients through Proposition 36 drug treatment programs — securing treatment instead of jail or prison and pursuing conviction dismissals upon successful completion — in criminal courts across every county in California. Proposition 36 is California's landmark treatment-over-incarceration law for nonviolent drug possession offenses. It applies after conviction and gives eligible defendants a specific legal right to community-based treatment instead of incarceration, with a pathway to dismissal of the conviction after successful completion. If you have been convicted of a qualifying offense, Proposition 36 may still be available right now.

IMMEDIATE STEPS IF CONVICTED OF DRUG POSSESSION:

• Do not accept a jail or prison sentence without first exploring Proposition 36 eligibility — qualifying defendants are entitled to treatment instead of incarceration, and a sentence imposed without Proposition 36 consideration may be challengeable
• Do not assume you are ineligible — many defendants with prior records still qualify; Proposition 36 has broader eligibility than PC 1000 and reaches defendants who cannot access pre-conviction diversion
• Preserve documentation of any treatment or rehabilitation you have already started — proactive treatment engagement strengthens the Proposition 36 sentencing presentation
• Contact experienced counsel immediately — the best time to raise Proposition 36 is at sentencing; post-conviction options also exist depending on the specific circumstances

Call now for a free, confidential consultation — available 24/7. 📞 (800) 755-5174

THE STAKES ARE REAL — PROPOSITION 36 CHANGES EVERYTHING

A drug possession conviction creates lifelong barriers: employment, housing, professional licenses, immigration status, and more. Without Proposition 36, you face incarceration plus a permanent conviction record. With Proposition 36, you receive treatment instead of jail or prison — and upon successful completion, the conviction can be dismissed under PC § 1210.1(e). A dismissed conviction dramatically improves background checks, licensing applications, and immigration outcomes.

Common consequences Proposition 36 can help avoid:

• Jail or prison time for simple possession (HS § 11350, HS § 11377, HS § 11550, and related offenses)
• Permanent drug conviction on every background check
• Professional license discipline or denial
• Immigration consequences — deportation risk for non-U.S. citizens
• Loss of federal financial aid or public housing eligibility

2026 Note: Recent changes have increased felony charging for some repeat offenders, but Proposition 36 still provides strong treatment pathways and dismissal options for eligible nonviolent cases.

Quick Comparison of Drug Diversion Pathways:

Call (800) 755-5174 for a free 24/7 assessment of every available pathway.

WHAT IS PROPOSITION 36 — AND HOW DOES IT WORK?

Proposition 36 — the Substance Abuse and Crime Prevention Act, codified at PC § 1210 et seq. — was enacted by California voters to require courts to sentence eligible defendants convicted of nonviolent drug possession offenses to community-based drug treatment instead of incarceration. Upon successful completion, the defendant petitions for dismissal of the conviction under PC § 1210.1(e).

Key Difference from PC 1000:

• PC 1000 DEJ operates before conviction — the guilty plea is deferred; successful completion prevents a conviction from ever being recorded
• Proposition 36 operates after conviction — treatment is ordered as the sentence, with a pathway to conviction dismissal upon completion

For defendants who were convicted without accessing PC 1000 — or whose charges were not eligible for pre-conviction diversion — Proposition 36 is frequently the most important available pathway to treatment, to avoiding incarceration, and to a potential conviction dismissal.

How Proposition 36 Works — Step by Step:

1. Conviction of a qualifying nonviolent drug possession offense
2. Proposition 36 sentencing — treatment ordered instead of jail or prison
3. Completion of individualized treatment program — outpatient, residential, counseling, drug testing, as determined by needs assessment
4. PC § 1210.1(e) petition filed — upon successful completion, petition filed for conviction dismissal
5. Conviction dismissed — record updated; arrest often sealed; background check reflects dismissal

Free 24/7 consultation. 📞 (800) 755-5174

WHO IS ELIGIBLE FOR PROPOSITION 36?

Qualifying Offenses

Proposition 36 is available for defendants convicted of nonviolent drug possession offenses — including:

• HS § 11350 — Possession of a controlled substance (cocaine, heroin, and other Schedule I/II substances)
• HS § 11357 — Possession of marijuana in qualifying circumstances
• HS § 11364 — Possession of drug paraphernalia
• HS § 11377 — Possession of methamphetamine and other Schedule III/IV/V substances
• HS § 11550 — Being under the influence of a controlled substance
• HS § 11352 / HS § 11379 — Transportation in specific circumstances where the transportation was for personal use rather than sale
• Other nonviolent drug possession offenses specified in PC § 1210

Disqualifying Factors

Proposition 36 is not available to defendants who:

• Were convicted of a serious or violent felony — as defined in PC § 1192.7 (serious felonies) or PC § 667.5 (violent felonies) — within five years before the current drug offense; these are specific statutory lists and many prior convictions do not meet the definition
• Were armed with or used a weapon during the commission of the current drug offense
• Were convicted of a drug offense involving a minor — sale to a minor, use of a minor in drug offense commission
• Refused drug treatment as a condition of probation or parole within the five years before the current offense
• Were convicted of a non-drug misdemeanor alongside the qualifying drug offense in the same proceeding

Each disqualifying factor has a specific legal definition — and an incorrect application of a disqualifying factor by the prosecution is challenged directly.

The Two Prior Strikes Limitation

Defendants with two prior serious or violent felony convictions — two strikes under PC § 667(b)-(i) — are not eligible for Proposition 36 treatment as an alternative to incarceration under the standard provision. However, two-strike defendants may still be eligible for treatment as a condition of probation in some circumstances, and the specific prior record analysis determines what alternatives remain available. A defendant incorrectly identified as a two-strike defendant — because of prior conviction mischaracterization — has a specific challenge that is identified and pursued.

The Three-Time Rule

A defendant who has participated in and failed two prior Proposition 36 programs — and where the court finds drug treatment is no longer an effective means of rehabilitation — may be denied Proposition 36 on a third offense. This rule requires the court to make a specific finding, and that finding can be challenged where the evidence supports continued treatment eligibility. A defendant who has participated in prior programs but who demonstrates genuine treatment engagement and changed circumstances has specific grounds to challenge a three-time denial.

Proposition 36 Eligibility at a Glance:

PROPOSITION 36 AND IMMIGRATION — CRITICAL ANALYSIS FOR NON-U.S. CITIZENS

For non-U.S. citizens convicted of drug possession offenses, Proposition 36 raises specific and critical immigration issues that must be analyzed carefully — because the drug conviction itself, entered before Proposition 36 treatment begins, may already have triggered immigration consequences under federal law that the Proposition 36 dismissal does not automatically eliminate.

The Conviction Exists Before Proposition 36 Dismissal

Unlike PC 1000 DEJ — where the guilty plea is held and no conviction is entered unless the program fails — Proposition 36 operates after a conviction has been entered. The conviction exists on the record from the moment of sentencing. A Proposition 36 dismissal obtained after successful completion eliminates the conviction under California law — but federal immigration law has its own definition of conviction under 8 U.S.C. § 1101(a)(48)(A), and the federal immigration consequences triggered by the original conviction may not be fully eliminated by the subsequent California dismissal.

Under 8 U.S.C. § 1101(a)(48)(A), a conviction exists for immigration purposes when a judge or jury has found the alien guilty, or the alien has entered a guilty or nolo contendere plea or has admitted sufficient facts to warrant a finding of guilt — and a judge has ordered some form of punishment, penalty, or restraint on liberty. The original drug possession conviction — entered before Proposition 36 treatment begins — meets this definition at the moment it is entered. A subsequent California dismissal under PC § 1210.1(e) may improve the immigration position in many contexts, but it does not retroactively eliminate the federal immigration consequences that the original conviction already triggered.

What Non-U.S. Citizens Must Understand:

• The immigration consequences of the specific drug charge must be analyzed before any conviction is entered — not only at the Proposition 36 stage
• Pre-conviction diversion pathways — PC 1000 DEJ, PC § 1001.95 judicial diversion — should be assessed before any conviction is entered, because avoiding the conviction entirely provides more complete immigration protection than a Proposition 36 dismissal after conviction
• Where a conviction has already been entered, Proposition 36 dismissal improves the immigration position — a dismissed conviction is viewed more favorably than an active conviction in many immigration contexts — but it does not guarantee elimination of all federal immigration consequences the original conviction triggered
• The specific drug offense and specific controlled substance matter significantly in immigration analysis — drug convictions involving controlled substances are among the most serious consequences under federal immigration law, and the specific charge determines the specific exposure

Immigration analysis is conducted from the very first consultation in every drug case involving a non-U.S. citizen defendant — because the immigration consequences of a drug conviction are too serious and too permanent to address only after the conviction has been entered and Proposition 36 proceedings have begun.

HOW DAVID CHESLEY HANDLES PROPOSITION 36 CASES

David Chesley personally handles every step — from eligibility assessment at sentencing through program compliance and the final dismissal petition. Southern, Central, and Northern California, every county, every major jurisdiction — available 24 hours a day, 7 days a week. No hand-offs. No junior associates.

The process in every case:

Full eligibility review — and pre-conviction alternatives assessed first — where the defendant has not yet been convicted, every pre-conviction diversion option is assessed before conviction, because avoiding the conviction entirely is the best possible outcome; where conviction has already been entered, Proposition 36 eligibility is analyzed immediately.

Strong presentation at sentencing — treatment documentation, substance use assessment, treatment program options identified and vetted, letters of support, and the specific presentation most effective with the specific court; Proposition 36 sentencing is not automatic and presenting it effectively is the most important work at the sentencing stage.

Challenging ineligibility and disqualification arguments — where the prosecution argues Proposition 36 is unavailable, that argument is challenged on specific legal and factual grounds; incorrect prior conviction characterizations and charge misanalyses are identified and corrected.

Immigration analysis for non-U.S. citizens — immigration consequences of the conviction and the Proposition 36 dismissal analyzed from the first consultation; pre-conviction alternatives assessed where they better protect immigration status.

Compliance support through program completion — full compliance with every treatment requirement ensured from the first day of the program through successful completion; compliance obstacles identified and addressed before they become violations.

PC § 1210.1(e) dismissal petition filed immediately upon completion — pursued aggressively to final order; the full benefit of Proposition 36 obtained and reflected in the record as quickly as possible.

Free, confidential case review — available 24/7, no obligation. 📞 (800) 755-5174 | 📧 calllog@chesleylawyers.com

YOU HAVE RIGHTS. USE THEM.

Proposition 36 provides a specific legal right to treatment over incarceration — and a pathway to conviction dismissal. Common resolutions:

• Proposition 36 sentence obtained at sentencing — nonviolent possession conviction; strongest possible case presented; treatment ordered instead of jail or prison; incarceration avoided entirely
• Conviction dismissed after completion — treatment program completed; PC § 1210.1(e) petition filed and granted; conviction dismissed; record updated; background check reflects dismissal
• Repeat offender — Proposition 36 still available — prior drug record present but non-disqualifying; Proposition 36 eligibility established; treatment ordered; incarceration avoided
• Pre-conviction diversion identified first — defendant assessed for Proposition 36; PC § 1001.95 diversion found available pre-conviction; no-conviction pathway pursued; conviction never entered
• Disqualification argument defeated — prosecution argued disqualifying prior conviction; prior correctly analyzed as not meeting PC § 1192.7 serious felony definition; Proposition 36 granted; significant incarceration avoided
• Residential treatment obtained — defendant with severe substance use disorder; residential treatment identified and approved; program completed; conviction dismissed
• Immigration-informed strategy — non-U.S. citizen with existing conviction; full immigration analysis conducted; Proposition 36 pursued; treatment completed; conviction dismissed; immigration counsel coordinated
• Proposition 36 after PC 1000 ineligibility — prior conviction made PC 1000 unavailable; defendant subsequently convicted; Proposition 36 identified as the correct pathway; treatment ordered; dismissal petition granted after completion

WHY CLIENTS CHOOSE DAVID CHESLEY

Direct, personal attention — statewide, 24/7

David Chesley personally handles Proposition 36 cases in criminal courts across all of California — Los Angeles, San Diego, Orange County, San Francisco, Sacramento, Fresno, San Jose, Riverside, San Bernardino, Ventura, and every other jurisdiction statewide. Available 24 hours a day, 7 days a week — because sentencing happens on the court's schedule and the Proposition 36 presentation must be ready when the court is.

Straight talk, always

Not every drug possession conviction qualifies for Proposition 36 — and not every Proposition 36 application is approved without challenge. The specific conviction, the prior record, the prosecution's disqualification arguments, and the specific court all determine what is available. You deserve honest counsel about eligibility, limitations, immigration risks, and realistic outcomes. No false promises. No sugarcoating.

Comprehensive strategy — pre-conviction alternatives first

Where pre-conviction diversion is still available, it is pursued before any conviction is entered — because no conviction is always better than a Proposition 36 dismissal after conviction. Where conviction has been entered, Proposition 36 is pursued aggressively through every stage.

Flexible payment plans

The Law Offices of David Chesley offer flexible payment plans because cost should never be the reason someone with a drug possession conviction goes without experienced representation to pursue the Proposition 36 treatment and dismissal they may be entitled to.

Representative Results:

• Proposition 36 sentence obtained at sentencing — HS § 11350 possession conviction; treatment documentation and substance use assessment presented; Proposition 36 granted; community outpatient treatment ordered; jail avoided; treatment completed; PC § 1210.1(e) dismissal petition filed and granted; conviction dismissed; record cleared
• Proposition 36 for methamphetamine possession — HS § 11377 conviction; prior drug record present but non-disqualifying; eligibility argued and established; residential treatment completed; conviction dismissed
• Disqualification argument successfully defeated — prosecution argued prior conviction was a disqualifying serious felony under PC § 1192.7; prior correctly analyzed as not meeting the statutory definition; Proposition 36 granted; over one year of incarceration avoided
• Pre-conviction diversion identified before Proposition 36 needed — defendant initially assessed for Proposition 36; PC § 1001.95 misdemeanor diversion found available pre-conviction; no-conviction pathway pursued; conviction never entered; Proposition 36 not needed
• Residential Proposition 36 treatment — defendant with opioid use disorder; residential treatment identified and vetted; Proposition 36 granted with residential placement; program completed; dismissal petition granted
• Immigration-informed Proposition 36 strategy — non-U.S. citizen with HS § 11350 conviction; complete immigration analysis conducted before Proposition 36 sentencing; immigration counsel coordinated; treatment completed; conviction dismissed; immigration position improved
• Proposition 36 after PC 1000 ineligibility — prior drug conviction made PC 1000 unavailable; defendant subsequently convicted of HS § 11377; Proposition 36 identified as the correct post-conviction pathway; treatment ordered; incarceration avoided; dismissal petition granted after completion
• Multiple prior drug offenses — Proposition 36 still available — defendant with two prior drug program participations; three-time bar analysis conducted; court found continued treatment appropriate; Proposition 36 granted; treatment completed; conviction dismissed

Client Feedback:

"I was facing jail for drug possession. David argued Proposition 36 at sentencing, showed the court I needed treatment not incarceration, and I was sentenced to a treatment program instead of jail. I completed the program. The conviction was dismissed. My record is clear." — Anonymous former client

"I had prior drug offenses and thought Proposition 36 wasn't available to me. David analyzed my record, showed the prior offenses didn't disqualify me, and I got treatment instead of prison. The conviction was dismissed after I completed the program." — Anonymous former client

"The prosecution argued I was disqualified because of an old conviction. David challenged that — showed the prior conviction didn't meet the legal definition of a disqualifying offense under PC § 1192.7 — and Proposition 36 was granted. I avoided prison and eventually had the conviction dismissed." — Anonymous former client

"Non-citizen with a drug possession conviction. David explained the immigration consequences of the conviction and how Proposition 36 could and couldn't protect my status. He coordinated with immigration counsel, got me through the program, and the conviction was dismissed. My immigration situation was addressed properly." — Anonymous former client

FREQUENTLY ASKED QUESTIONS

What is Proposition 36 — and how is it different from PC 1000?

Proposition 36 and PC 1000 both produce potential dismissals of drug charges — but they operate at completely different stages. PC 1000 DEJ operates before conviction — the guilty plea is deferred, and successful completion prevents a conviction from ever being recorded. Proposition 36 operates after conviction — the defendant has been convicted, and Proposition 36 provides treatment as the sentence instead of incarceration, with the possibility of conviction dismissal upon completion under PC § 1210.1(e). For defendants who were convicted without accessing PC 1000, or whose charges were not eligible for PC 1000, Proposition 36 is the critical post-conviction pathway to treatment and potential record clearance.

What offenses qualify for Proposition 36?

Nonviolent drug possession offenses including HS § 11350 (controlled substances), HS § 11357 (marijuana in qualifying circumstances), HS § 11364 (paraphernalia), HS § 11377 (methamphetamine and other substances), HS § 11550 (under the influence), and HS § 11352/11379 in specific personal-use transportation circumstances. Possession for sale — HS § 11351 and HS § 11378 — generally does not qualify. The specific eligibility analysis depends on the exact conviction and offense circumstances.

Can I still get Proposition 36 with prior convictions?

Yes in many cases — and this is one of the most important distinctions from PC 1000. Unlike PC 1000, which has relatively strict prior record limits, Proposition 36 is available to defendants with prior drug convictions as long as those prior convictions are not serious or violent felonies as specifically defined in PC § 1192.7 and PC § 667.5. A defendant with prior drug possession convictions, or even multiple prior drug program participations, may still qualify — and the specific prior record analysis determines eligibility in every case. Incorrect disqualification based on mischaracterized prior convictions is challenged directly.

Does Proposition 36 help with immigration — and what are the limitations?

This requires careful analysis — because Proposition 36 operates after conviction, and the conviction may already have triggered federal immigration consequences before treatment begins. Under 8 U.S.C. § 1101(a)(48)(A), federal immigration law defines conviction based on the guilty plea or finding of guilt at the time it occurs — not the ultimate California court disposition. The original drug conviction may constitute a federal immigration conviction regardless of the subsequent Proposition 36 dismissal. A Proposition 36 dismissal improves the immigration position in many circumstances — but it does not guarantee elimination of all federal immigration consequences that the original conviction triggered. For non-U.S. citizens, immigration analysis must begin before any conviction is entered, because pre-conviction diversion that avoids the conviction entirely provides more complete immigration protection than a post-conviction Proposition 36 dismissal.

What disqualifies a defendant from Proposition 36?

Disqualifying factors include: a serious or violent felony conviction within five years before the current offense as defined in PC § 1192.7 or PC § 667.5; being armed with or using a weapon during the current offense; a drug offense involving a minor; refusal of drug treatment as a condition of probation or parole within five years; and conviction of a non-drug misdemeanor in the same proceeding. Each factor has a specific legal definition — and incorrect application of a disqualifying factor is challenged directly, because many defendants incorrectly told they are disqualified are actually eligible.

What if I don't complete the Proposition 36 program?

A defendant who fails to complete the program — missed treatment, failed drug tests, new offense, non-compliance — may be resentenced to jail or prison on the underlying conviction. The court can impose the sentence that Proposition 36 initially replaced. This is why full compliance planning and support from sentencing through completion is built into the strategy in every case — because the program must be successfully completed to obtain the dismissal.

Does Proposition 36 dismissal help with professional licensing?

In most cases significantly. A dismissed conviction has substantially less impact on professional licensing than an active conviction. Many California licensing boards treat a Proposition 36 dismissal more favorably and in many circumstances reduce or eliminate the mandatory reporting obligation. The specific impact on your license type is analyzed in the initial consultation.

How long does the Proposition 36 program take?

Typically 6 to 18 months depending on individual needs — shorter for outpatient programs, longer for residential treatment. The specific program length is determined by a needs assessment at the beginning of the process. After successful completion, the PC § 1210.1(e) dismissal petition is filed and the dismissal typically enters within a few weeks of the completion hearing.

Are payment plans available?

Yes. The Law Offices of David Chesley offers flexible payment plans because cost should never be the reason someone with a drug possession conviction goes without experienced legal representation to pursue the Proposition 36 treatment and dismissal they may be entitled to. Call to discuss options during your free consultation.

More questions? We are available 24/7 — free consultation, no obligation, no pressure. 📞 (800) 755-5174

FREE CONSULTATION — CALL NOW — 24/7

Proposition 36 gives eligible defendants a specific legal right to treatment instead of incarceration — and the dismissal it produces is one of the most important outcomes available for defendants already convicted of drug possession offenses. Every day without experienced defense counsel is a day the conviction remains on the record without anyone pursuing the treatment program and dismissal petition that could change it — affecting every background check, every employment application, and every licensing and immigration proceeding that the law already provides the mechanism to improve. Every day a non-U.S. citizen defendant faces a drug possession conviction without immigration-specific analysis of whether Proposition 36 or pre-conviction diversion better protects their status is a day the most consequential decision in their case moves closer to being made without the information needed to make it correctly — and without an attorney identifying whether the conviction that triggered immigration consequences could have been avoided entirely through a pre-conviction pathway that still may have been available. Every day a defendant with a drug possession conviction sits in jail or prison without knowing that Proposition 36 may have entitled them to treatment rather than incarceration is a day of confinement the law may not have required and that an attorney who identified the issue could have challenged. Every day the PC § 1210.1(e) dismissal petition goes unfiled after successful program completion is a day the conviction remains on the record — appearing on background checks, affecting licensing applications, and carrying immigration consequences — when the dismissal that eliminates it could already have been filed.

Don't serve a jail or prison sentence before Proposition 36 eligibility has been assessed. Don't accept a permanent conviction record when a dismissal petition may be available. And don't wait. If you have been convicted of a drug possession offense in California — or if you are currently facing sentencing — call now.

The Law Offices of David Chesley offer a free, confidential consultation available 24 hours a day, 7 days a week. No judgment. No pressure. Honest answers about your eligibility and what Proposition 36 — or the best available alternative — can achieve for your case.

Flexible payment plans available — because cost should never be the reason someone with a drug possession conviction goes without the experienced defense needed to pursue the treatment and dismissal Proposition 36 provides.

David Chesley handles Proposition 36 cases in criminal courts across all of California — Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Ventura County, Santa Barbara County, Kern County, Fresno County, Sacramento County, Alameda County, Santa Clara County, San Francisco County, Contra Costa County, San Joaquin County, Stanislaus County, Monterey County, and every other jurisdiction statewide.

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📞 (800) 755-5174 📧 calllog@chesleylawyers.com 🌐 www.chesleylawyers.com

"Proposition 36 recognizes that drug possession is often a health issue that responds better to treatment than incarceration. For eligible defendants, it provides a specific legal pathway to treatment — and to a conviction dismissal that changes your record permanently. My commitment is pursuing that pathway aggressively at every stage so you receive the outcome the law allows." — David Chesley, California Criminal Defense Attorney