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Drug Charges · answered on camera

How To Understand California Misdemeanor Drug Case Procedures

Quick answer

What happens in a California misdemeanor drug case now? Most defendants get diverted, explains San Jose attorney Stuart Kirchick—first-time users complete brief drug treatment and stay out of the system. Those with multiple priors can be routed into drug-treatment court, which pairs a dedicated judge and team focused less on punishment than on helping the person overcome the addiction.

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

Law updateNOTE — current law: California's treatment of repeat drug possession tightened with Proposition 36 (passed November 2024, effective December 2024). Possessing hard drugs (fentanyl, heroin, cocaine, methamphetamine) with two or more prior qualifying drug convictions can now be charged as a 'treatment-mandated felony' (Health & Safety Code §11395). Completing court-ordered treatment still leads to dismissal, but declining or failing it can mean up to three years in prison—so the rehabilitation-first path Kirchick describes for repeat offenders now carries more exposure.

Answered by Stuart Kirchick · San Jose, CA

Highlights

0:29

— how drug treatment court diverts repeat-possession defendants

Frequently Asked Questions

What happens in a California misdemeanor drug case?

Most defendants get diverted—first-time users complete brief drug treatment and stay out of the system, while those with multiple priors can be routed into drug-treatment court with a dedicated judge and team focused on helping them overcome the addiction.

→ Full interview on Attorneys.Media

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Contact Stuart Kirchick
Answered by

Stuart Kirchick
The Law Offices of Stuart D. Kirchick

26 filmed answers · full profile →

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