How California’s Proposition 36 Affects Drug Crime Defense
The Substance Abuse and Crime Prevention Act, known as Proposition 36, is a California law that allows individuals struggling with drug addiction to receive treatment instead of punishment. Rather than spend time in jail or prison for a non-violent drug offense, some individuals can receive treatment in a substance abuse program for up to 12 months with a possible six months of additional aftercare.
To qualify for Proposition 36 sentencing in California, defendants must have been convicted of a nonviolent drug offense. Drug crimes that can qualify under Prop 36 include being under the influence of a controlled substance or possessing or transporting a controlled substance for personal use.