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Penal Code 1000 and State Licensing Agencies

By Neil Shous, Esq.

Stated in Penal Code 1000, California drug diversion allows certain defendants facing narcotics charges to complete a rehab program rather than go to jail. Generally, only nonviolent first-time drug users or possessors qualify. And those who underwent a prior drug diversion program within the last five years do not. Penal Code 1000 offers a unique feature in California law: those who successfully complete the program are immune from administrative consequences from state licensing agencies. That is, licensing boards may not consider the case or the arrest in granting, renewing or denying state licenses. For example, suppose Lucy gets arrested for possessing a few grams of cocaine (for personal use). Lucy opts to participate in Penal Code 1000 drug diversions and completes all the requirements successfully...continue to full post

Full post as published by California Criminal Defense Blog on September 21, 2009 (boomark / email).