People v. Ferrando

In People v. Ferrando (2004) 115 Cal.App.4th 917, the court held that a violation of section 11366 does not qualify as a "nonviolent drug possession offense" under Penal Code section 1210, subdivision (a), which allows a defendant to enter drug treatment instead of being incarcerated. The court explained that section 11366 does not describe a simple possession offense but instead is more like "commercial offenses" for which drug treatment is not a sentencing option. (Id. at p. 920.)