Drug Diversion Programs to Avoid Jail in "Under the Influence" Cases

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California Health and Safety Code 11550 HS makes it a crime to be under the influence of a controlled substance without a valid prescription. The offense is a misdemeanor punishable by up to one year in county jail. But it may be possible to get the charge dismissed through a diversion program such as Penal Code 1000 PC or Proposition 36.

Some examples of controlled substances covered by this statute include: cocaine, heroin, and
oxycodone (not lawfully prescribed).