The misdemeanor petty theft of drugs, the possession of which is charged as a felony, did not disqualify a defendant from the benefits of Proposition 36. Here a licensed vocational nurse at a nursing home stole fentanyl and syringes, and ingested most of the fentanyl. When a person steals drugs for the sole purpose of consuming it and the person immediately ingests the drug, the theft involves the simple possession or use of the drug.