PLEASE BE AWARE THAT MARIJUANA REMAINS A FEDERALLY RESTRICTED DANGEROUS DRUG. NOTWITHSTANDING PROPOSITION 64, YOU MAY STILL FACE FEDERAL CONSEQUENCES FOR MARIJUANA RELATED OFFENSES, ESPECIALLY NEGATIVE IMMIGRATION CONSEQUENCES.
In November, 2016, California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA). In addition to legalizing adult, recreational use of marijuana, the Act reduced the penalties for possession, cultivation, possession for sale and sale of marijuana. The Act also provided for retroactive application of these reduced penalties. This allows individuals to reduce prior convictions from felonies to misdemeanors or, in some cases to have the prior conviction dismissed and the record sealed.
OFFENSES ELIGIBLE FOR REDUCTION
- POSSESSION OF MARIJUANA
- CULTIVATION OF MARIJUANA
- POSSESSION OF MARIJUANA FOR SALE
- TRANSPORTATION OF MARIJUANA FOR SALE
- SALE OF MARIJUANA
CHANGES IN CALIFORNIA LAW UNDER PROPOSITION 64
AUMA legalized adult possession of not more than 28.5 grams (one ounce) of marijuana and not more than 8 grams of concentrated marijuana. It also legalized personal cultivation of up to six marijuana plants and possession of any marijuana produced by those plants. If you are currently serving a sentence or have a prior conviction for possession or cultivation that is now legal under AUMA, you can petition the court to have that conviction vacated and the charges dismissed and the record of the conviction sealed.
AUMA reduced the punishment for cultivation, possession for sale, transportation for sale and sale of marijuana from a felony to a misdemeanor, with certain exceptions. If you are currently serving a felony sentence or have a prior felony conviction for cultivation, possession for sale, transportation for sale and sale of marijuana, you can petition the court to have that felony conviction reduced to a misdemeanor.
The Santa Cruz Public Defender’s Office stands ready to help you with the process of dismissing or reducing your prior felony marijuana convictions. If you have questions regarding the process or would like our assistance, contact the office here.