Thanks to Prop 64, marijuana is now legal in California for adults 21 and over. That means you may be eligible to change your record or get resentenced.
Proposition 64, the Adult Use of Marijuana Act, legalized the possession, transport, purchase, consumption and sharing of up to an ounce of marijuana flower and up to eight grams of marijuana concentrate for adults 21 and over. Adults 21 and over may also cultivate up to six plants at home.
This historic initiative passed on November 8, 2016. The ballot measure immediately reduced or eliminated many criminal penalties for marijuana in California, including possession for sale, sales, and cultivation of marijuana.
Prop. 64 also provided for a judicial process where prior convictions could be reduced or even dismissed, which will eliminate some of the barriers to housing, employment, and supportive services.
This means that if you have a criminal conviction for marijuana, you may be eligible to change your record or get resentenced.
Individuals with prior marijuana convictions on their criminal record, who are no longer in the criminal justice system (that is, not in jail or prison, or on probation or parole) can apply to the court where they were convicted to have the offense(s) designated as a misdemeanor, infraction, or have it dismissed, no matter how old the conviction(s).
In general, the process for reclassifying your record will not involve a hearing. You should work with a lawyer or legal clinic to assist with the process.
People currently serving a sentence in jail or prison or who are on probation or parole for the marijuana offenses affected by Prop. 64 may qualify for resentencing.
The process for getting resentenced (if an individual is in custody) is different than changing your record. A court appearance will generally be required, but an attorney will be assigned to represent you.>
If you think you are eligible for resentencing, contact the Public Defender’s office or attorney who represented you during your original case, and he or she can file the petition for you.