Skip to main content

What happens on your first violation of prop 36

Fresno, CA |

I'm on prop 36 for a possesion of marijuana hash like a .2 of a gram I was placed on prop 36 with 3 aa meetings a week testing once a week and a 6 month out patience drug treatment I completed 18 class did my aa meeting but I was recently dropped from my drug treatment program for tardiness and I having went to test in 4 weeks I know I may be looking at a violation but I don't want to go back to jail if I do get a violation how much time am I lookin at they also gave me a 4 year lid don't know what that is but now I'm stressed and don't know if I should go report

+ Read More

Attorney answers 5


Typically you can violate Prop 36 probation at least once and still remain on Prop 36, as long as you haven't picked up a new case or a non-drug-related arrest. Contact your lawyer who represented you, without delay. Get in touch and explain what happened. The lawyer can tell you how that courthouse/judge will handle, and advise you about what to do. Get back in the program now, meanwhile, get clean and sober again if you're not (sounds like you relapsed? It happens), and take care of this.


You should report. Don't dig yourself deeper into a hole.

I do not think you will be dropped from the program for these two violations. Courts understand people run into traffic problems, etc.


I agree.. You should be able to get back into prop. 36 but do NOT delay.. the 4 year lid is the max you agreed to when you entered the plea to do prop. 36 - the longer you wait, the harder it will be and the court will take a harsher approach to sentencing. You could be sentenced upon arrival for the failure to abide by probation but it is highly unlikely unless you keep blowing them off.. Just go in, and you will most likely get mercy from the court and DA and put back in the program.. good luck!


Typically, you can get reinstated in Prop 36 without much difficulty.... unless they feel you're not amenable to treatment any longer. What would make them feel that? You skipping out for too long, testing positive for drugs, demonstrating that you're not taking the program seriously....

Don't let this slide. Get it squared away sooner rather than later.

The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


They will probably let you back in at least once if you show the judge you are actually trying. At some point you will get a jail sentence instead of being re-enrolled. This program is worth completing. I suggest that you increase your level of dedication to getting it done before you have to go to jail.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer