Prop 64: The “Adult Use Of Marijuana Act”

Under the new law passed by voters on November 8, 2016, you can clean up your criminal record by reducing or eliminating old convictions for marijuana offenses.

Most people know that Prop. 64 (the “Adult Use of Marijuana Act”) legalized recreational use of marijuana for adults. Specifically, as of November 9, 2016, adults 21 and over can legally possess up to one ounce of marijuana and up to 8 grams of concentrated cannabis. Possession of quantities in excess of these amounts (or possession of marijuana on school grounds ) are misdemeanors. Moreover, there are virtually no felonies under new marijuana law.

Changes in new laws:

Cultivation, which used to be a felony, is now legal if there are 6 plants or fewer and the grow is in a secure enclosure, out of public view. If more than 6 plants or out-of-compliance, it is a misdemeanor.
Possession for sale, which used to be a felony, is now a misdemeanor (except in very limited circumstances).
Sale or giving marijuana to an adult, which used to be a felony, is now a misdemeanor (except in very limited circumstances).

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THESE CHANGES TO THE LAW APPLY TO PRIOR CONVICTIONS AS WELL.

What this means is that, if one has a prior felony conviction for cultivation, he or she can petition the court to reopen the case. If the prosecutor cannot prove the quantity of plants in the old case, the entire conviction can be dismissed and, in some cases, the records sealed. If the prosecution can prove the prior cultivation conviction involved more than 6 plants, the conviction is redesignated as a misdemeanor for all purposes.

Similarly, all prior convictions for possession for sale, sales, or transportation can be redesignated as misdemeanors.

Note: the Relief under Prop. 64 is more complete than set-asides (“expungement” under 1203.4 of the Penal Code).

“IN A NUTSHELL, IN ALMOST ALL CASES FELONY MARIJUANA CONVICTIONS CAN AT LEAST BE REDUCED TO MISDEMEANORS FOR ALL PURPOSES, AND SOME FELONIES AND MISDEMEANORS CAN BE REOPENED AND DISMISSED COMPLETELY”

The full scope of relief available to many individuals under Prop. 64 can only be determined by an analysis of the circumstances in each case. Our attorneys can discuss your case in a free phone consultation. Please call (916) 573-1001. Our attorneys handle many other kinds of record repair cases in addition to Proposition 64 marijuana cases.

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Fees and costs for Prop 64 relief

Attorney fees for most petitions will be $685, from start to finish. Some cases, however, will require ordering and reviewing transcripts of plea proceedings, legal briefing and one or more court appearances. Fees in each case will be determined after discussions with the client and an assessment of the complexity and time demands of the case.

A single fee for the entire project through superior will be offered in each case. Occasionally, costs (out-of-pocket expenses) will be required for reporter’s transcripts, documents collection, filing fees charged by the court or other such matters. Costs are the obligation of the client and will be fully disclosed as soon as they become known to the attorney.