Prop 64 and old marijuana convictions

Last night, California voters passed Proposition 64 which made sweeping changes to the marijuana laws. Possession by adults over 21 for personal, recreational use is now (as of 12:01 Wednesday November 9, 2016) legal in California. 

There are also changes to the laws regarding prior convictions for possession, cultivation and distribution or possession for sale of marijuana. 

What is now legal? 

Adults over 21 may now possess 28.5 grams (one ounce) or less of marijuana or less than 8 grams of concentrated cannabis – Health and Safety Code 11362.1

Adults over 21 may now plant and cultivate up to 6 plants for personal use – Health and Safety Code 11362.2

Transporting or giving away (NOT selling) less than an ounce of marijuana or less than 8 grams of concentrated cannabis is now legal – H&S 11362.1
Keep in mind – until something changes, marijuana is still illegal under Federal law. 

What about prior convictions?

You may be able to have the court redesignate, reclassify, reduce or completely dismiss your prior case. Want to clean up your old marijuana convictions? Give me a call or text me: 

714.532.3600

Here are the affected prior charges and changes: 

Possession 11357(a) – if you are over 21, you may petition for dismissal of the charge. Over 18, but under 21? If it was a misdemeanor, you may have it reduced to an infraction. 

11357(b) – same as above. Dismissal of over 21, reduction if 18-20. 

11357(c) – possession of more than an ounce – modify to 11357(b)(2) – still a misdemeanor. 

11357(d) – possession of less than an ounce on school grounds – modify to 11357(c) – still a misdemeanor. 

11358 – cultivation of less than 6 plants – over 21 you can have the case dismissed. 18-20 years old, modify and reduce to an infraction. More than 6 plants – reduce to misdemeanor. More than 6 plants with aggravating circumstances – reclassify to “wobbler” meaning it can be a felony or misdemeanor, but eventually could be reduced to a misdemeanor and dismissed. 

11359 – possession for sale (any amount) – modify and reduce to misdemeanor. More than six plants  or possession for sale using a minor under 20 – can be reclassified as a “wobbler” meaning it can be a felony or misdemeanor, but eventually could be reduced to a misdemeanor and dismissed.

11360 – transportation or giving away without compensation (not an actual sale) – over 21 it can be dismissed.  Other variations of 11360 may be reduced to infractions or modified to “wobblers” depending on the facts. 

THESE CHANGES TO YOUR SENTENCE DO NOT HAPPEN AUTOMATICALLY!!!

You MUST file a petition with the court where your conviction occurred. 

If you have a marijuana conviction from Orange County, give me a call or text me at 714.532.3600 to discuss cleaning up your old cases. 

You can email me at info@joedane.com. 

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