What is the effect of Section 1210.1 of the California Penal Code on a person convicted of a nonviolent drug possession charge?

California, United States of America


The following excerpt is from People v. Cortes, D073905 (Cal. App. 2019):

Penal Code4 sections 1210 and 1210.1 were adopted by voter approval of Proposition 36 in the November 2000 General Election. (People v. Legault (2002) 95 Cal.App.4th 178, 180.) Proposition 36 generally prohibits the incarceration of persons convicted of a nonviolent drug possession offense and mandates that they instead initially receive substance abuse treatment. ( 1210.1.) A nonviolent drug possession offense is defined as "the unlawful personal use, possession for personal use, or transportation for personal use" of certain controlled substances. (1210, subd. (a).) A nonviolent drug possession offense does not include the possession for sale, production, or manufacturing of any controlled substance.5 (Ibid.)

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