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Attorney Kirk Tarman Explains The Recent Changes In The Drug Sentencing Laws In California

Quick answer

California drug sentencing dropped dramatically, explains San Bernardino attorney Kirk Tarman—personal-use amounts of meth or cocaine that once meant a felony are now widely handled through diversion, where completing rehab or community service can end in dismissal rather than a conviction, with almost all drug cases going that route.

Excerpt summaries from the video and transcripts · how we make them

Law updateNOTE — current law: California's drug-sentencing landscape shifted again with Proposition 36, passed November 2024 (effective December 18, 2024). It partly rolls back Prop 47 by creating a 'treatment-mandated felony' (Health & Safety Code §11395): possessing hard drugs (fentanyl, heroin, cocaine, methamphetamine) with two or more prior qualifying drug convictions can now be charged as a felony. Completing court-ordered treatment leads to dismissal; failing it can mean up to three years in prison. First-time personal-use possession still generally remains a misdemeanor with diversion available.

Answered by Kirk Tarman · San Bernardino County, CA

Highlights

0:08

— how personal-use drug cases stopped meaning an automatic felony

Frequently Asked Questions

How did California drug sentencing change?

Dramatically—personal-use amounts of meth or cocaine that once meant a felony are now widely handled through diversion, where completing rehab or community service can end in dismissal rather than a conviction.

→ Full interview on Attorneys.Media

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Kirk Tarman
The Law Offices of Kirk Tarman & Associates

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