Proposition 64: A Guide To Resentencing & Reclassification

On November 8, 2016, California voters passed Proposition 64 (“Prop. 64”) into law. Prop. 64 legalizes the possession, transport, purchase, consumption and sharing of up to one ounce of marijuana and up to eight grams of marijuana concentrates for adults aged 21 and older. Adults may also grow up to six plants at home. The ballot measure also provides for a strict system to regulate and tax the nonmedical use of marijuana, which will not begin until 2018.

 

Prop. 64 also reduces or eliminates criminal penalties for most marijuana offenses, in addition to the conduct it legalizes. Building on the transformative work of Prop. 47, which passed in 2014, Prop. 64 provides a mechanism for people with prior qualifying marijuana convictions to petition a court to have their convictions reduced or dismissed.

 

The purpose of this guide is to provide information about the requirements and procedure for seeking resentencing and reclassification of qualifying convictions for people who have already completed their sentence. Although an attorney is not required for reclassification, it is always useful to get help from an attorney to ensure the Prop. 64 process is completed accurately.