Stacie L. Patterson Law Blog

When professionals, particularly medical professionals such as nurses and pharmacists, are charged with possession of a controlled substance whether it is marijuana or a more serious drug, they must be concerned with resolution of the criminal proceeding and maintaining their license to practice.

In California, first time defendants charged with simple possession of a controlled substance are often eligible to participate in Deferred Entry of Judgment (DEOJ) pursuant to California Penal Code § 1000.  DEOJ is particularly important to defendants.  Defendants who participate in DEOJ are allowed to attend an outpatient rehabilitation program and if successful, the criminal charge is dismissed without a conviction.  This is a great resolution of the criminal case but does not address the professional licensing issues which may arise.

Medical professionals should be aware that when they are arrested, the California Department of Justice will report the arrest to their licensing agency.  Agencies such as the Board of Registered Nursing may contact the licensee and offer the licensee an opportunity to participate in a rehabilitative program or initiate an investigation.  Even without a conviction, under the laws of California, the licensing agency may obtain police reports or other law enforcement documents, a copy of the court’s files and decide to take action.

If you are a professional charged with a crime or facing license discipline, call Stacie L. Patterson at (619) 269-8074