California laws continue to evolve favorably for non-violent offenders in possession of marijuana and other drugs for personal use.
Californians will soon have the option of legalizing the use, possession and transportation of marijuana for personal use. Supporters of a ballot initiative expect to see a vote on the issue this fall. Laws prohibiting dangerous activities while under the influence will be unaffected, such as those prohibiting driving cars or flying while impaired. There is no serious move to legalize other drugs (such as heroin or cocaine, as in Mexico), but there are several laws already on the books allowing for treatment instead of punishment for those caught possessing other drugs for personal use instead of for sale. California voters enacted Proposition 36, which mandates treatment over incarceration for non-violent offenders, even for those offenders on parole. Drug diversion remains another alternative, and there are Drug Courts established for many defendants that do not qualify for diversion or Prop 36 treatment. Contact this lawyer for advice on what may be best for your San Diego criminal court case.