Legal Question in Criminal Law in California

The Substance Abuse and Crime Prevention Act, also known as Proposition 36, was passed by 61% of California voters on November 7, 2000. This vote permanently changed state law to allow first- and second-time nonviolent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.

Penal Code section 135 refers to destruction of evidence. That charge does not qualify for Proposition 36. I assume that the other numbers refer to the Health and Safety Code.

Health and Safety Code section 11364 provides that it is illegal to possess an opium pipe, or other device for smoking or injecting various controlled substances. Health and Safety Code section 11365 makes it unlawful to visit or be in a place where controlled substances are being used.

"Nonviolent drug possession offenses" that qualify for Prop. 36 include unlawfully using and/or being under the influence of any of the drugs listed in the United States "Controlled Substances Act", and/or possessing or transporting any of these narcotics for personal use.

Your boyfriend needs an attorney. An attorney may be able to work out a better deal, such as the deferred entry of judgment (DEJ) program.