Category: AUMA

In November of 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act (AUMA). Under Proposition 64, adults 21 years of age or older can legally grow, possess, and use cannabis for non-medicinal purposes, with certain restrictions. In addition, beginning on January 1, 2018, AUMA makes it legal to sell and distribute marijuana through a regulated business.

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California Draft Medical Cannabis Regulations Withdrawn

Bureau Cannabis Control

California’s three cannabis licensing authorities have announced the official withdrawal of the draft medical cannabis regulations and will develop emergency regulations based on new laws passed this year.

The California Department of Consumer Affairs’ Bureau of Cannabis Control, the Department of Food and Agriculture, and the Department of Public Health released draft regulations for the Medical Cannabis Regulation and Safety Act of 2015 (MCRSA).  These licensing authorities held several public hearings to accept verbal and written comments regarding the draft regulations.   The licensing authorities had planned to move forward with a separate draft regulatory package for the implementation of California Proposition 64: The Adult Use of Marijuana Act of 2016 (AUMA).  However, in late June, the Legislature passed and the Governor signed into law the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA, also known as Senate Bill 94), which created one regulatory system for both medicinal and adult-use cannabis.  (Read more about state cannabis law at California Cannabis Law.)  As a result, the licensing authorities will withdraw the proposed medical cannabis regulations noticed for public comment on April 28, 2017, and May 5, 2017.

The three cannabis licensing authorities are in the process of drafting emergency regulations based on the new law for the commercial medicinal and adult-use cannabis industries.  The licensing authorities will consider the public comments received on the draft medical cannabis regulations and use the feedback to inform the draft emergency regulations.  The emergency regulations are expected to be published in November 2017.

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Marijuana Conviction Resentencing Under California Prop 64

Marijuana Laws

California Proposition 64 (The Adult Use of Marijuana Act – AUMA) approved by California voters in November 2016, authorizes resentencing or dismissal and sealing of prior, eligible marijuana-related convictions in addition to reducing criminal penalties for certain marijuana-related offenses for adults and juveniles.  (Learn more about California Cannabis Law.)

Proposition 64 eliminated or downgraded most cannabis offenses from felonies or misdemeanors to misdemeanors or infractions.  People with a prior conviction for an offense that would have received a lesser or no penalty had Prop 64 been in effect may petition the court for resentencing or dismissal and have their records changed accordingly.

Persons Currently Serving Sentences – A person currently serving a sentence for a conviction of an eligible offense, whether by trial or by open or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense under Proposition 64, may petition the court for resentencing or dismissal of eligible convictions.  The request must be made before the trial court that entered the judgment of conviction in the case.  If the petition satisfies the criteria for resentencing or dismissal of the sentence, the court must grant the petition unless the court determines that granting it would pose an unreasonable risk of danger to public safety.

Persons Who Have Completed Their Sentences – A person who has completed their sentence for a conviction for an eligible offense, whether by trial or by open or negotiated plea, who would not have been guilty of an offense or who would have been guilty of a lesser offense under Proposition 64, may file an application to have eligible convictions dismissed and sealed, or to have eligible convictions redesignated as misdemeanors or infractions.  The request must be made before the trial court that entered the judgment of conviction in the case.

The California Courts have Judicial Council forms that may be used for the filing of the petitions and applications authorized under Proposition 64.  To see these forms go to California Courts Proposition 64: The Adult Use of Marijuana Act.

There is also a good primer on Prop 64 Marijuana Resentencing by Judge Richard Couzens and Judge Tricia A. Bigelow – see Proposition 64 Adult Use of Marijuana Act Resentencing Procedures.

(Update – On 9/30/18 the California Governor signed Assembly Bill 1793 which establishes a pro-active role in the recall, dismissal and/or a redesignation of a criminal cannabis conviction of an offense for which a lesser offense or no offense could be imposed under AUMA.  For more on recent legislative developments in the area of California Cannabis Law see the California Cannabis Law Legislative Update.)