CrimeBeat: How much trouble will I get in for a gram of heroin?

CrimeBeat Q&A is a weekly feature where reporters answers readers' questions about local crimes and the law.

How much legal trouble will a gram of heroin get me in?

First things first: Even a small amount of heroin can be deadly. And if you are caught in possession, it can do lasting damage to your finances and life, be it at work, school or home.

As for the level of legal jeopardy if you are busted with a gram, the simple answer from Mike Perry, a Sonoma County chief deputy public defender assigned to the county's drug court: “Not too much, actually.”

“In California we have a ladder in terms of treatment,” Perry said. “You start with diversion. If that doesn't work out then there's (California Penal Code) 1210, which gives treatment over incarceration.”

Possession of heroin used to be a felony offense resulting immediately in arrest and a maximum prison sentence of three years.

While it's still illegal to possess heroin - and other drugs including cocaine, methamphetamine and hallucinogenics - it is now a misdemeanor crime that often results in a citation and court date.

California Proposition 47, passed by voters in 2014, turned a number of felony crimes into misdemeanor offenses, including theft of items totaling less than $950 and possession of drugs for personal use.

The intent of the measure was to reduce the swelling population in the state's prisons and jails by reclassifying “nonserious, nonviolent crimes.”

“Before Prop. 47 we'd book everyone we found with drugs - even a tiny amount,” said Sgt. Jonathan Wolf with the Santa Rosa Police Department.

In 2016, Santa Rosa police made 195 arrests for possession of heroin. Of those, 102 resulted in a citation. The remaining 93 arrests resulted in suspects being booked into Sonoma County Jail, but only because there were other offenses in conjunction with misdemeanor possession, Wolf said.

That same year, 553 people were arrested with methamphetamine; 264 citations were issued, with those jailed found to have broken other laws.

“If you look at the numbers, we're giving a citation to about one person a day who we would have brought to jail before,” said Wolf.

What happens after a citation depends. A first offense means entitlement to a drug diversion program under state law. Upon completion, the drug possession charges are dismissed. A second possession charge allows nonviolent drug offenders probation and treatment instead of jail, said Perry. People can get probation and treatment for three offenses, before facing jail or drug court, Perry said.

Submit your questions about crime, safety and criminal justice to Staff Writer Nick Rahaim at nick.rahaim@pressdemocrat.com. On Twitter @nrahaim.