Drug possession charges can be a frightening experience—especially for someone who’s never been in legal trouble before. Fortunately, California law recognizes that not all offenders need punishment. Some need help.

That’s where diversion programs come in.

If you or someone you care about is facing a first-time drug possession charge in San Diego or Los Angeles, you may be eligible to avoid jail, keep your record clean, and get the support you need to move forward. We’ll walk you through exactly how diversion programs work, who qualifies, and why they can be a lifeline in the criminal justice system.

At Flore Legal Allies, we believe in second chances—and we help guide our clients toward the path that protects their future.

What Is a Diversion Program?

A diversion program is an alternative to traditional criminal prosecution. Instead of proceeding through the normal court process (which can include jail, probation, and a criminal record), eligible offenders are “diverted” into a supervised rehabilitation or education program.

If the defendant completes the program successfully, the charges are dismissed, and there is no conviction on their record.

In simpler terms:

Think of diversion as a legal “do-over” — a chance to prove that you’re taking responsibility and deserve a fresh start, not a permanent criminal record.

Types of Diversion in California Drug Cases

California offers several types of diversion programs for drug-related offenses. The two most common ones for first-time offenders are:

1. Pretrial Diversion (PC 1000)

Also known as Deferred Entry of Judgment, this program is designed specifically for first-time drug offenders.

Key features:

  • You must plead guilty, but judgment is deferred.
  • You attend a court-approved drug education or treatment program.
  • If completed successfully (usually over 12–18 months), the charges are dismissed, and the record shows no conviction.

2. Judicial Diversion (PC 1001.95)

This is a broader law passed in 2021 that gives judges the discretion to divert low-level offenses, including some drug charges, without a guilty plea.

Key features:

  • No plea is required.
  • The judge pauses your case and sets conditions (like rehab or counseling).
  • Upon successful completion, the case is dismissed.

This type of diversion is especially beneficial because it allows more flexibility and fewer long-term consequences.

Who Qualifies for Drug Diversion?

Diversion programs are designed to help people—not punish them unnecessarily. However, not everyone qualifies. Eligibility depends on several factors, including:

First-time offense

The court looks for people who are new to the system and don’t have a long criminal record.

Non-violent offense

The charge must be simple drug possession—not sales, manufacturing, or trafficking.

No prior felony convictions

Having a serious criminal history can disqualify someone, especially if the prior offenses are violent or drug-related.

Willingness to complete treatment

You must show a commitment to following through with the program and making changes.

An experienced attorney can assess your eligibility and recommend the best course of action.

The Diversion Process: Step by Step

At Flore Legal Allies, we guide clients through the entire process. Here’s how it typically unfolds for eligible individuals:

Step 1: Arrest and Charge

You are arrested and charged with drug possession. This is typically for substances like cocaine, heroin, methamphetamine, or unauthorized prescription drugs. For marijuana possession, penalties are different and often less severe.

Step 2: Legal Assessment

Your defense attorney evaluates whether you qualify for diversion and discusses the available programs. If you’re a candidate, your lawyer will prepare the paperwork and present the case to the judge or prosecutor.

Step 3: Court Approval

The judge must approve entry into the diversion program. Sometimes the prosecutor must also agree, depending on the type of diversion.

Step 4: Enrollment and Participation

You begin attending drug education or treatment sessions, often held weekly. You may also be required to undergo:

  • Drug testing
  • Counseling
  • Community service

Step 5: Monitoring and Progress

The court or program provider will monitor your progress. If you fail to comply (by missing sessions or testing positive), you can be removed from the program and your case will resume.

Step 6: Completion and Dismissal

Once you successfully complete the program, the court dismisses the charges. Your record is clean, and no conviction appears.

What Happens If You Don’t Complete the Program?

If you violate the conditions of your diversion—by failing drug tests, skipping classes, or committing new offenses—the court can terminate your diversion status. In that case, the criminal proceedings resume, and you could face:

  • A misdemeanor or felony conviction
  • Jail time
  • Probation
  • Fines and penalties

That’s why having legal support throughout the program is so valuable. At Flore Legal Allies, we stay involved even after you’re admitted to diversion—to make sure you’re staying on track and supported.

Why Diversion Matters

Being convicted of a drug offense can have lifelong consequences. It can affect:

  • Employment – Many employers perform background checks.
  • Housing – Some landlords refuse to rent to those with drug convictions.
  • Education – You may lose financial aid or college admission opportunities.
  • Immigration – Non-citizens risk deportation for drug convictions.

Diversion provides a way to avoid all of these consequences and move on from a mistake without permanent damage.

How We Help at Flore Legal Allies

Not all courts offer the same diversion programs. And even when they do, prosecutors don’t always recommend them. That’s where we come in.

As your legal allies, we:

  • Review your case for eligibility
  • Negotiate with the prosecutor or petition the judge
  • Help you enroll in the right program
  • Monitor your progress
  • Advocate for you if any issues arise during your diversion

We understand how stressful the criminal justice process can be. Our mission is to bring calm, clarity, and direction when you need it most.

We don’t just handle your case—we stand with you through it.

Common Questions About Diversion

Does diversion erase my record?

Not exactly. But if you successfully complete the program, the charges are dismissed, and there’s no conviction on your record. In many cases, the arrest itself can also be sealed later.

Can I apply for diversion if I have past charges?

Possibly. It depends on the nature and age of your past charges. First-time eligibility is key, but exceptions exist. Let a lawyer evaluate your history.

What if I’m already in college or employed—do I have to quit?

No. Most diversion programs are flexible and can be scheduled around work or school. Judges typically want you to continue contributing to society while getting help.

Will anyone know I was arrested?

The arrest record may still exist, but with no conviction. In some cases, especially with judicial diversion, your attorney can help seal the record afterward.

How We Can Help

At Flore Legal Allies, we proudly serve San Diego and Los Angeles clients with a unique approach: we become your ally, not just your attorney.

Facing a drug possession charge doesn’t have to define your future. With the right legal strategy, you may be eligible for diversion and avoid conviction altogether. We’ve helped countless first-time offenders protect their records, reputations, and lives.

If you’ve been charged and want to know your options, reach out today for a free, confidential consultation. Let us help you turn this moment into a new beginning.