Tough Sentencing for Drug Users in California
California is thought to offer one of the more lenient sentencing schemes in the nation for casual drug users. Offenders charged with first-offense drug possession almost always can escape custody time (and get the charges dismissed) through Penal Code 1000 drug diversion or Proposition 36. Both of these programs offer treatment as an alternative to jail and a criminal record.
But one California drug law stands out as unusually harsh: Health & Safety Code 11550: Being Under the Influence of a Controlled Substance. This law mandates a minimum 90 days of jail for anyone convicted. The law applies to anyone found to be intoxicated on either an illicit narcotic, or even a prescription drug for which the user does not have a lawfully issued prescription.
First time California drug crime offenders may opt for diversion or Proposition 36. Still, a “90 day minimum” is almost unheard of for any first offense under California law. Even a person convicted of selling cocaine can get probation with no mandatory jail time. So it’s unclear why the law punishes casual users so severely, more so in this case than even drug dealers.
