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.)
