Drug Use and Diversion in the US

2010 National Survey on Drug Use

The National Survey on Drug Use and Health (NSDUH) obtains information on nine categories of illicit drug use: use of marijuana, cocaine, heroin, hallucinogens, and inhalants, as well as the nonmedical use of prescription-type pain relievers, tranquilizers, stimulants, and sedatives. In these categories, hashish is included with marijuana, and crack is considered a form of cocaine. Several drugs are grouped under the hallucinogens category, including LSD, PCP, peyote, mescaline, psilocybin mushrooms, and "Ecstasy" (MDMA). Inhalants include a variety of substances, such as nitrous oxide, amyl nitrite, cleaning fluids, gasoline, spray paint, other aerosol sprays, and glue. Respondents are asked to report use of inhalants to get high but not to report times when they accidentally inhaled a substance.

The four categories of prescription-type drugs (pain relievers, tranquilizers, stimulants, and sedatives) cover numerous medications that currently are or have been available by prescription. They also include drugs within these groupings that originally were prescription medications but currently may be manufactured and distributed illegally, such as methamphetamine, which is included under stimulants. Respondents are asked to report only "nonmedical" use of these drugs, defined as use without a prescription of the individual's own or simply for the experience or feeling the drugs caused. Use of over-the-counter drugs and legitimate use of prescription drugs are not included. NSDUH reports combine the four prescription-type drug groups into a category referred to as "psychotherapeutics."

Estimates of "illicit drug use" reported from NSDUH reflect the use of any of the nine drug categories listed above. Use of alcohol and tobacco products, while illegal for youths, is not included in these estimates.

In 2010, an estimated 22.6 million Americans aged 12 or older were current (past month) illicit drug users, meaning they had used an illicit drug during the month prior to the survey interview (Figure 2.1). This estimate represents 8.9 percent of the population aged 12 or older.

Figure 2.1 Past Month Illicit Drug Use among Persons Aged 12 or Older: 2010

1 Illicit Drugs include marijuana/hashish, cocaine (including crack), heroin, hallucinogens, inhalants, or prescription-type psychotherapeutics used nonmedically.

The overall rate of current illicit drug use among persons aged 12 or older in 2010 (8.9 percent) was similar to the rate in 2009 (8.7 percent), but it was higher than the rates in 2002 through 2008 (Figure 2.2).

Figure 2.2 Past Month Use of Selected Illicit Drugs among Persons Aged 12 or Older: 2002-2010

+ Difference between this estimate and the 2010 estimate is statistically significant at the .05 level.

In 2010, marijuana was the most commonly used illicit drug, with 17.4 million current users. It was used by 76.8 percent of current illicit drug users and was the only drug used by 60.1 percent of them. Also in 2010, 9.0 million persons aged 12 or older were current users of illicit drugs other than marijuana (or 39.9 percent of illicit drug users aged 12 or older). Current use of other drugs but not marijuana was reported by 23.2 percent of illicit drug users, and 16.7 percent used both marijuana and other drugs.

The number and percentage of persons aged 12 or older who were current users of marijuana in 2010 (17.4 million or 6.9 percent) were similar to the estimates for 2009 (16.7 million or 6.6 percent), but the estimates in 2010 were higher than those in 2002 through 2008. Between 2007 and 2010, the rate increased from 5.8 to 6.9 percent, and the number of users increased from 14.4 million to 17.4 million.

An estimated 9.0 million people aged 12 or older (3.6 percent) were current users of illicit drugs other than marijuana in 2010. The majority of these users (7.0 million persons or 2.7 percent of the population) were nonmedical users of psychotherapeutic drugs, including 5.1 million users of pain relievers, 2.2 million users of tranquilizers, 1.1 million users of stimulants, and 374,000 users of sedatives.

The number and percentage of persons aged 12 or older who were current nonmedical users of psychotherapeutic drugs in 2010 (7.0 million or 2.7 percent) were similar to those in 2009 (7.0 million or 2.8 percent) and to those in 2002 (6.3 million or 2.7 percent) (Figure 2.2).

The number and percentage of persons aged 12 or older who were current nonmedical users of stimulants in 2010 (1.1 million or 0.4 percent) were similar to those in 2009 (1.3 million or 0.5 percent) (Figure 2.3). 

Figure 2.3 Past Month Nonmedical Use of Types of Psychotherapeutic Drugs among Persons Aged 12 or Older: 2002-2010

 + Difference between this estimate and the 2010 estimate is statistically significant at the .05 level.

The number and percentage of persons aged 12 or older who were current users of methamphetamine in 2010 (353,000 or 0.1 percent) were similar to those from 2007 through 2009, but lower than those from 2002 through 2006. The previous numbers and percentages were 502,000 (0.2 percent) in 2009, 314,000 (0.1 percent) in 2008, 529,000 (0.2 percent) in 2007, 731,000 (0.3 percent) in 2006, 628,000 (0.3 percent) in 2005, 706,000 (0.3 percent) in 2004, 726,000 (0.3 percent) in 2003, and 683,000 (0.3 percent) in 2002.

The number and percentage of persons aged 12 or older who were current users of cocaine in 2010 (1.5 million or 0.6 percent) were similar to those in 2009 (1.6 million or 0.7 percent), but lower than those from 2002 through 2008. The previous numbers and percentages were 1.9 million (0.7 percent) in 2008, 2.1 million (0.8 percent) in 2007, 2.4 million (1.0 percent) in 2006, 2.4 million (1.0 percent) in 2005, 2.0 million (0.8 percent) in 2004, 2.3 million (1.0 percent) in 2003, and 2.0 million (0.9 percent) in 2002.

The number and percentage of persons aged 12 or older who were current users of hallucinogens in 2010 (1.2 million or 0.5 percent) were similar to those in 2009 (1.3 million or 0.5 percent). These include similar numbers and percentages for current users of Ecstasy, with 695,000 (0.3 percent) current users in 2010 and 760,000 (0.3 percent) current users in 2009. 

Register for 26 Hour Online Drug Diversion Program: $450.00

Tom Wilson Counseling Center's Online Drug Diversion Program is for first offense drug defendants. Diversion is the procedure of suspending the criminal prosecution of an individual, by allowing the offender to complete a drug education, drug treatment, or drug rehabilitation program instead of further criminal proceedings.

Diversion has become a very popular method of alleviating congested court calendars, while at the same time allowing first-offenders to avoid the blemish of a drug conviction on their record. The program allows offenders to avoid a criminal record by completing drug education or a drug counseling program.

If a first offense drug defendant has an otherwise clean criminal record, judges generally will find a defendant eligible for the drug diversion program without requiring a formal eligibility evaluation.

You must obtain preauthorization from the court before enrolling. Policies may change without notice, and there is no guarantee that you will be approved for online classes by the county courts. 

Court Procedures for Deferred Entry of Judgment Program in California

Under California Penal Code 1000 (PC 1000) the defendant must agree to have his or her case referred to the probation department to determine if they are eligible for the diversion program. If the probation department agrees that the offender is eligible, the judge will set a hearing after the referral to the probation department. 

At the DEJ hearing the judge will determine eligibility for the diversion program. If found eligible by the judge, program requirements will be described to the defendant, including the program length and the consequences of not enrolling or completing the program. 

In court, the defendant is advised that he or she must plead guilty to the charges, and pay a restitution fee of not less than $100 and not more that $1000. 

The defendant is advised that they are responsible for treatment, education or rehabilitation costs, and also for reasonable probation fees and costs. 

The defendant is advised that if he or she successfully completes the program, the criminal charges will be dismissed and the arrest for the charge(s) deemed to have never occurred. 

However, if the defendant fails to enroll in the diversion program or fails to comply with or complete the program requirements, diversion will be terminated and criminal proceedings against the defendant will proceed.

26 Hour Online Deferred Entry of Judgment Drug Diversion Class: $450.00

AB 2552 Bill Introduced in California

BILL NUMBER: AB 2552 INTRODUCED
 BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 24, 2012

   An act to amend Section 23152 of the Vehicle Code, relating to
driving under the influence.


 LEGISLATIVE COUNSEL'S DIGEST


   AB 2552, as introduced, Torres. Driving under the influence.
   Existing law prohibits a person who is under the influence of any
alcoholic beverage or drug, or under the combined influence of any
alcoholic beverage and drug to drive a vehicle.
   This bill would make it a crime for a person who has any level of
cannabinoids or synthetic cannabinoid compound, as defined, in his or
her blood or urine to drive a vehicle. This bill would establish a
rebuttable presumption that a person had cannabinoids or synthetic
cannabinoid compound in his or her blood or urine at the time he or
she drove a vehicle if the substance is present in his or her blood
or urine at the time of a chemical test performed within three hours
after driving. This bill would impose a state-mandated local program
by expanding the definition of a crime.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23152 of the Vehicle Code, as amended by
Section 31 of Chapter 455 of the Statutes of 1995, is amended to
read:
   23152.  (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
   (b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (c) It is unlawful for any person who is addicted to the use of
any drug to drive a vehicle. This subdivision shall not apply to a
person who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code.
   (d) It is unlawful for any person who has 0.04 percent or more, by
weight, of alcohol in his or her blood to drive a commercial motor
vehicle, as defined in Section 15210.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.04 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (e) This section shall become operative on January 1, 1992, and
shall remain operative until the director determines that federal
regulations adopted pursuant to the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. Sec. 2701 et seq.) contained in Section 383.51
or 391.15 of Title 49 of the Code of Federal Regulations do not
require the state to prohibit operation of commercial vehicles when
the operator has a concentration of alcohol in his or her blood of
0.04 percent by weight or more.
   (f) The director shall submit a notice of the determination under
subdivision (e) to the Secretary of State, and this section shall be
repealed upon the receipt of that notice by the Secretary of State.

   (g) It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving. 
  SEC. 3.  Section 23152 of the Vehicle Code, as amended by Section
32 of Chapter 455 of the Statutes of 1995, is amended to read:
   23152.  (a) It is unlawful for any person who is under the
influence of any alcoholic beverage or drug, or under the combined
influence of any alcoholic beverage and drug, to drive a vehicle.
   (b) It is unlawful for any person who has 0.08 percent or more, by
weight, of alcohol in his or her blood to drive a vehicle.
   For purposes of this article and Section 34501.16, percent, by
weight, of alcohol in a person's blood is based upon grams of alcohol
per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
   In any prosecution under this subdivision, it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of driving the vehicle if the
person had 0.08 percent or more, by weight, of alcohol in his or her
blood at the time of the performance of a chemical test within three
hours after the driving.
   (c) It is unlawful for any person who is addicted to the use of
any drug to drive a vehicle. This subdivision shall not apply to a
person who is participating in a narcotic treatment program approved
pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of
Part 3 of Division 10.5 of the Health and Safety Code. 
   (d) It is unlawful for any person who has any level of
cannabinoids or synthetic cannabinoid compound in his or her blood or
urine to drive a vehicle. For purposes of this subdivision,
"synthetic cannabinoid compound" has the same meaning as defined in
Section 11357.5 of the Health and Safety Code. For purposes of this
subdivision, it is a rebuttable presumption that a cannabinoid or
synthetic cannabinoid compound is in a person's blood or urine at the
time of driving the vehicle if the substance is present at the time
of the performance of a chemical test within three hours after
driving.  
   (d) 
    (e)  This section shall become operative only upon the
receipt by the Secretary of State of the notice specified in
subdivision (f) of Section 23152, as added by Section 25 of Chapter
1114 of the Statutes of 1989.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

California Penal Code 1000 PC Deferred Entry of Judgment Drug Diversion Program

Deferred Entry of Judgment Drug Diversion Program

Many non-violent drug offenders would benefit more from treatment and education than from jail and a criminal record.

Penal Code 1000 PC is California's Deferred Entry of Judgment ( DEJ ) program allows offenders an alternative to prison or other criminal punishments. It is a drug diversion program that allows eligible defendants to be diverted out of the criminal court system and into a drug rehabilitation program.

Tom Wilson Counseling Center offers an Online 26 Hour Deferred Entry of Judgment Drug Diversion Class for out of state residents who receive a drug charge offense in the State of California and cannot find other in-person solutions or alternatives.

Ask your attorney to determine if you are eligible.

Overview of Penal Code 1000 PC

Deferred Entry of Judgment, defined in Penal Code 1000 PC, allows eligible defendants the opportunity to have their criminal proceedings suspended while they attempt to complete a drug treatment program.

Generally speaking, the defendant enters a guilty plea to the charge(s). If the judge determines that the defendant is a good candidate for drug diversion, he/she will suspend the criminal proceedings, typically for a period of 18 months, although it may be as long as three years, while the defendant participates in a drug rehabilitation program.

A drug rehabilitation program is one that has been certified or deemed credible and effective by the applicable county drug program administrator. The defendant may request to be referred to a program in any county, as long as the program meets this criteria. All programs include at least some of the following curriculum:

• an initial assessment of the defendant,
• a minimum of 20 hours of effective education and/or counseling, and
• an exit conference which shall reflect the defendant's progress during his/her participation in the program.

If the defendant successfully completes the program, the judge dismisses the charges and, with only a few exceptions, the defendant may truthfully state that he/she has never been arrested for the charged offense.

However, if the judge does not believe that the defendant would benefit from treatment or the defendant does not successfully complete his/her course of treatment, the judge will impose sentence on the charge(s).

Eligibility

Before a defendant can participate in California's deferred entry of judgment program, he/she must be eligible to do so. Eligibility is primarily based on two factors:

• the charged offense(s), and
• the defendant's personal history.

The charged offense(s)

California drug diversion is only offered in connection with certain qualifying offenses. If your charged offense/offenses are not specifically listed under Penal Code 1000 PC, you will not be able to participate in this deferred entry of judgment program.

There are essentially two criteria for these offenses:

1. they must involve personally possessing or using drugs as opposed to possessing them for sale or   actually selling them, and
2. the crime must not involve any allegations of violence or threatened violence.

The most common examples of these California drug crimes include (but are not limited to) violations of:

• Health and Safety Code 11377 HS and Health and Safety Code 11350 HS California's laws against personal possession of a controlled substance
• Health and Safety Code 11357 HS California's law against possession of less than one ounce of marijuana
• Health and Safety Code 11358 HS California's law against cultivating marijuana 10 (if you can prove that you only cultivated the marijuana for your own personal use)
• Health and Safety Code 11364 HS California's law against possessing drug paraphernalia
• Health and Safety Code 11365 HS California's law against knowingly being in a place where drugs are being used
• Health and Safety Code 11550 HS California's law against being under the influence of a controlled substance
• Health and Safety Code 11368 HS California's law against forging or presenting a forged prescription to obtain drugs (if you can prove that the acquired controlled substances were exclusively for your personal use)
• Vehicle Code 23222(b) VC California's law against driving while in possession of marijuana
• Penal Code 647(f) PC California's drunk in public law (if you were under the influence of drugs or drugs and alcohol, as opposed to just alcohol)
• Penal Code 653f(d) PC California's law against soliciting drug sales or transportation17 (if you can prove that you only "solicited"…that is, encouraged…another person to engage in these activities so that you could exclusively acquire drugs for your personal use)

Some of the controlled substances that are covered by these laws include:

cocaine, heroin, peyote, gamma-hydroxybutyric acid (GHB), ecstasy (X), ketamine (Special K),    methamphetamines, marijuana, certain hallucinogenic substances, such as phencyclidine ("PCP"), and even certain prescription drugs such as codeine, and hydrocodone (Vicodin).

Penal Code 1000 PC California's DEJ program is not only applicable to a much wider variety of crimes than its counterpart California Proposition 36 but is also much less restrictive. This is because PC 1000 allows convictions for certain offenses that Prop. 36 does not.

These offenses include, for example,

• cultivating marijuana for your personal use, and
• forging prescriptions for your personal use.21

Your personal history

Even if the charged offense qualifies you for DEJ, you must still prove that you are personally eligible for drug diversion. In order to qualify, you cannot have;

• any prior drug-related convictions,
• had your probation or parole revoked without completing your terms and conditions,
• participated in a drug diversion or DEJ program within five years prior to the alleged commission of the charged offense, and
• any prior felony convictions within five years prior to the alleged commission of the charged offense.22

If you do not meet these criteria, the judge will declare you ineligible for deferred entry of judgment and sentence you on the charged offense(s).

Sentencing in Connection with Deferred Entry of Judgment

Once the judge determines that you are a good candidate for Penal Code 1000 PC California's deferred entry of judgment program, you must enter a guilty plea to the applicable charge(s). At that point, you waive time for the pronouncement of judgment, which means that you give the court permission to postpone sentencing, so that you can participate in drug diversion.

Drug treatment

At the court's request, the court's local probation department will conduct an investigation as to what course of treatment is most appropriate. It will consider factors such as the defendant's age, any employment and/or service records, education, community and family ties, and any prior drug history (including any prior treatment history).

But regardless of what the probation department recommends, the ultimate decision as to what type of treatment should be offered is up to the judge.

If the prosecutor, probation department or the court believes that you are failing to adhere to the program, are not benefiting from treatment, have been convicted of a) a felony, or b) a misdemeanor that reflects your propensity for violence, or c) have engaged in any criminal activity that renders you unsuitable for DEJ, the judge may enter judgment on the guilty plea and will set a sentencing hearing to determine the appropriate punishment for the charge(s). However, if you successfully complete the program, the court is required to dismiss the charge(s).

Successful Completion of DEJ

What makes drug diversion so attractive is the fact that your criminal charge(s) will be automatically dismissed as long as you successfully complete the program. Once your charges are dismissed, it is almost as if the arrest legally never occurred.

There is an exception to this general principle. You and the Department of Justice must disclose the arrest if you apply to become a peace officer. Other than that, when you successfully complete your deferred entry of judgment program, "the arrest upon which the judgment was deferred shall be deemed to have never occurred". This means that you can truthfully state that you have never been arrested or granted deferred entry of judgment for the offense, and the arrest record cannot be used in any way to affect your employment or a professional license or certificate.

ALL classes developed and monitored by Tom Wilson, a Licensed Clinical Professional Counselor who is also a Certified Alcohol and Substance Prevention Specialist. Tom is the author of "Taming Anger and Aggression", an anger management program which has been taught to hundreds of people at the counseling center over the last twelve years. He specializes in adapting evidence-based substance abuse prevention programs for delivery through the web and other electronic media.

Avoid Costly Mistakes When Completing Drug Awareness Class

Avoiding Simple Mistakes when Selecting the Right Online Drug Awareness Class © 2012 Thomas Wilson

Internationally Board Certified Substance Abuse Prevention Specialist

If you received a citation for illegal possesion or use of a controlled substance, then completing  drug awareness classes is one of your court requirements. The courts require you to complete these classes before releasing you from supervision.

 However, a simple mistake such as choosing the wrong class or choosing the wrong online program provider could get you into even more trouble with the court.  If you want to resolve your case quickly, avoid these common mistakes.

Mistake # 1: Enrolling in a class from a provider that does not have the proper credentials or is not accredited or approved to provide substance abuse education. 

Drug education or substance abuse prevention classes are taught by professionals who are certified or licensed in drug education or counseling.  If you are unsure, ask for a copy of their license or credentials to provide to the court.   

Mistake #2: Enrolling in the wrong class.  Be sure to enroll in the right class that is required by the court. 

Normally these classes are called deferred entry of judgement classes.  Remember that these classes are different than a DUI class.  If you are unsure or don’t know the exact name of the class, you should call the office of the program provider and ask for assistance. Licensed and credentialed course providers are happy to help you find the right class. 

Mistake #3: Enrolling in an online class without getting approval from your court or agency. 

A credentialed course provider will not encourage you to sign up unless you have gotten permission from the court or agency that requires the class.  Be sure you have permission from the court, agency or your attorney take the online class.  It’s always a good idea to call and get an OK. 

Mistake #4: Enrolling in the cheapest class. 

Just because the class is the cheapest, does not necessarily mean it will meet court requirements, or provide technical support. Some providers charge extra for certificates or other paper work required by the court. Inquire about all the cost involved in getting proof of enrollment, completion of certificates and mailing costs. Some providers make their money by charging inflated fees for services that are normally included at no cost by licensed or credentialed programs. 

Avoiding Simple Mistakes when Selecting the Right Online Drug Awareness Class © 2012 Thomas Wilson

Internationally Board Certified Substance Abuse Prevention Specialist

If you received a citation for possession of marijuana in California, then completing a deferred entry of judgment program or drug awareness class is one of your court requirements. The courts require you to complete theses classes before releasing you from supervision.

 However, a simple mistake such as choosing the wrong class or choosing the wrong online program provider could get you into even more trouble with the court.  If you want to resolve your case quickly, avoid these common mistakes.

Mistake # 1: Enrolling in a class from a provider that does not have the proper credentials or is not accredited or approved to provide substance abuse education. 

Drug education or substance abuse prevention classes are taught by professionals who are certified or licensed in drug education or counseling.  If you are unsure, ask for a copy of their license or credentials to provide to the court.   

Mistake #2: Enrolling in the wrong class.  Be sure to enroll in the right class that is required by the court. 

Normally these classes are called PC1000 Deferred Entry of Judgment classes.  Remember that a DEJ program is different than a DUI class.  If you are unsure or don’t know the exact name of the class, you should call the office of the program provider and ask for assistance. Licensed and credentialed course providers are happy to help you find the right class. 

Mistake #3: Enrolling in an online class without getting approval from your court or agency. 

A credentialed course provider will not encourage you to sign up unless you have gotten permission from the court or agency that requires the class.  Be sure you have permission from the court, agency or your attorney take the online class.  It’s always a good idea to call and get an OK. 

Mistake #4: Enrolling in the cheapest class. 

Just because the class is the cheapest, does not necessarily mean it will meet court requirements, or provide technical support. Some providers charge extra for certificates or other paper work required by the court. Inquire about all the cost involved in getting proof of enrollment, completion of certificates and mailing costs. Some providers make their money by charging inflated fees for services that are normally included at no cost by licensed or credentialed programs. 

Adolescent Smoking and Drinking at Historic Lows

Originally published by the National Institute on Drug Abuse

But use of marijuana is on the rise.

July 2012

Rates of adolescent cigarette smoking and alcohol drinking stood at historic lows in 2011, but marijuana use trended upward, according to the 2011 Monitoring the Future (MTF) survey. The findings reflect the responses of 46,773 8th-, 10th-, and 12th-graders in 400 public and private secondary schools nationwide.

In all three grades, rates of smoking and alcohol consumption were the lowest that they have been in the survey’s 37-year history. Binge drinking was also reported at record lows.

Illicit drug use by adolescents, however, has risen gradually from 2008 through 2011, driven by the increase in marijuana use over the 4-year period. One in four students surveyed reported past-year marijuana use in 2011, an increase of nearly 17 percent since 2007.

NIDA officials point to two worrisome findings. Daily use of marijuana rose in all three grades and, among 12th-graders, stood at its highest rate (6.6 percent) in 30 years. In addition, the perception of harm associated with marijuana use declined in all three grades—an indication that use is likely to continue to rise.

Questions on synthetic marijuana, also known as K2 and spice, were added to the survey in 2011, allowing researchers to quantify the growing popularity of products called herbal mixtures—plant materials sprayed with synthetic chemicals that mimic the effects of marijuana. In the survey, 11.4 percent of high school seniors said they had used synthetic marijuana in the past year.

This rate is “very high and unexpected” given that synthetic marijuana is a new drug, says NIDA Director Dr. Nora D. Volkow. "The students’ willingness to experiment at such a high level with a drug for which there is not much experience underlies the urgency of addressing this problem so that we can prevent further escalation,” she adds.

Poison control centers across the nation received 5,741 calls pertaining to synthetic marijuana in the first 10 months of 2011, nearly twice the number of calls received in all of 2010.

Last year, the Drug Enforcement Administration added five of the chemicals used in synthetic marijuana to its list of controlled substances, making it illegal to possess or sell them. The U.S. House of Representatives approved legislation to ban the sale of synthetic marijuana in 2011; a similar bill is pending in the U.S. Senate. At least 18 states have banned the sale of synthetic marijuana.

“Next year’s survey results should tell us a lot more about how successful these new control efforts are,” says Dr. Lloyd Johnston of the University of Michigan, lead investigator of the survey.

--END--

Tom Wilson Counseling Center offers many online classes approved in most states for adults and minors to help overcome addictions and meet requirements for court ordered classes.  Enrollment is easy, confidential, safe and secure.

26 Hour Online Deferred Entry of Judgment / Drug Diversion Class: $450

Out of state residents who receive a drug charge in California may be required to complete a Deferred Entry of Judgment Program in their home state to meet California’s requirements. If an out of state defendant is unable to find a Deferred Entry of Judgment Program in their home state equivalent to California standards, the court may allow an online equivalent. You must obtain court approval from the county court where you received your drug charge before enrolling.

Click on class below to begin registration:
4 Hour Online Minor in Possession Class: $75
8 Hour Online Alcohol and Drug Class : $150
12 Hour Online Alcohol and Drug Class: $225
16 Hour Online Alcohol and Drug Class: $300
20 Hour Online Alcohol and Drug Class: $375
24 Hour Online Alcohol and Drug Class: $450
26 Hour Online Deferred Entry of Judgment / Drug Diversion Class: $450
 

ALL classes developed and monitored by Tom Wilson, a Licensed Clinical Professional Counselor who is also a Certified Alcohol and Substance Prevention Specialist. Tom is the author of "Taming Anger and Aggression", an anger management program which has been taught to hundreds of people at the counseling center over the last twelve years. He specializes in adapting evidence-based substance abuse prevention programs for delivery through the web and other electronic media.

Minor in Possession California

Study shows teen drinking highest in Laguna and Santa Ana

Excerpt from The Orange County Register article by Courtney Perkes presents a study about the high percentages of teens that experiment with alcohol compared to their peers in other counties and cities in California.


Orange County is an overall healthy place to live, but a new report examining everything from teen drinking rates to park space shows that some cities are faring significantly worse.

For instance, Orange County teens experiment less with alcohol than their peers statewide. But students living in Laguna Beach and Santa Ana exceed the state average by 7 percentage points.

TEEN DRINKING

In most segments, the less affluent and less educated parts of the county fared the worst for health indicators, such as adults with health insurance and access to healthy food. An exception is smoking and drinking rates among teens.

Teen drinkers, the report says, are at greater risk of alcoholism as adults, as well as academic struggles, risky sexual behavior and drug use.

Locally, 41 percent of ninth-graders reported having tried alcohol. Irvine Unified was the lowest at 25 percent.

The state average is 47 percent. Three school districts exceeded that rate: Laguna Beach Unified and Santa Ana Unified, both at 54 percent, and Newport-Mesa at 50 percent.

Pamela Estes, executive director of the Laguna Beach Boys & Girls Club, is part of a coalition working to reduce the problem.

"It's the age and it crosses every socioeconomic strata," Estes said. "You've got teens who have a lot of time and resources on their hands here. They pretty much are left to their own devices."

Estes said the coalition is working on ways to educate parents about the problem. She said her club invites guest speakers to share with teens their struggles with addiction.

Laguna Beach also has the highest concentration of businesses selling alcohol in the county, according to the report. Laguna Woods has the lowest.

"Everyone thinks stop them from selling to kids," Estes said. "That's not where they get it. It's from the home."

(Source:  http://www.ocregister.com/articles/county-365327-percent-laguna.html)

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What is a California Deferred Entry of Judgment Program?

What is Deferred Entry of Judgment for Drug Charges?

• 
  The Deferred Entry of Judgment Program is a "Diversion" program for first offense drug defendants.  Diversion is the procedure of suspending the criminal prosecution of an individual, by allowing the offender to complete a drug education, drug treatment, or drug rehabilitation program instead of further criminal proceedings. 
• Diversion has become a very popular method of alleviating congested court calendars, while at the same time allowing first-offenders to avoid the blemish of a drug conviction on their record. The DEJ program allows offenders to avoid a criminal record by completing drug education or a drug counseling program.
• If a first offense drug defendant has an otherwise clean criminal record, judges generally will find a defendant eligible for the deferred entry of judgement program without requiring a formal eligibility evaluation. 

Court Procedures for Deferred Entry of Judgment Program

• Under California Penal Code 1000 (PC 1000) the defendant must agree to have his or her case referred to the probation department to determine if they are eligible for the diversion program. If the probation department agrees that the offender is eligible, the judge will set a hearing after the referral to the probation department.  
• 
  At the DEJ hearing the judge will determine eligibility for the diversion program. If found eligible by the judge, program requirements will be described to the defendant, including the  program length and the consequences of not enrolling or completing the program. 
• In court, the defendant is advised that he or she must plead guilty to the charges, and pay a restitution fee of not less than $100 and not more that $1000. 
• The defendant is advised that they are responsible for treatment, education or rehabilitation costs, and also for reasonable probation fees and costs. 
• The defendant is advised that if he or she successfully completes the program, the criminal charges will be dismissed and the arrest for the charge(s) deemed to have never occurred. 
• However, if the defendant fails to enroll in the diversion program or fails to comply with or complete the program requirements, diversion will be terminated and criminal proceedings against the defendant will proceed.   

Information for Out of State Defendants

• If a person receives a first drug offense in California, but lives out of state, he or she may be eligible to complete the Deferred Entry of Judgement Program online. 
• The Online Deferred Entry of Judgment Program can be taken to meet court requirements for out of state defendants.
• Court approval is required, which can be obtained through a California licensed attorney. 
• All California Out of State Resident classes at Tom Wilson Counseling Center: http://www.tomwilsoncounseling.com/california.html