Prop 64 Effective Date: Criminal Penalty Reductions & Resentencing

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California voters approved Proposition 64 (Prop 64) on November 7, 2016.  Prop 64 reduced and eliminated the penalties for many marijuana related crimes, including possession of marijuana (HS § 11357), cultivation of marijuana (HS § 11358), possession of marijuana for sale (HS § 11359), and transportation of marijuana (HS § 11360).  The changes in these criminal penalties take effect immediately (November 8, 2016).  

Accordingly, anyone who is currently charged with one of the above offenses but that has not yet entered a plea, been found guilty, or otherwise reached a disposition of their case, is entitled to have their charges reduced or dismissed so long as the crime they are charged with is now not a crime or is a lesser crime under Prop 64.  (In re Estrada (1965) 63 Cal.2d 740.)

Furthermore, individuals who are currently serving a sentence for a violation of HS §§ 11357, 11358, 11359, or 11360 can immediately petition for resentencing under the new HS § 11361.8 if they were convicted of an offense that would not be a crime or would be a lesser crime under Prop 64.  

Lastly, individuals who have completed their sentence for a violation of HS §§ 11357, 11358, 11359, or 11360 can immediately petition for resentencing, reduction or dismissal and sealing of their prior convictions if the conviction would not be a crime or would be a lesser crime under Prop 64.  

If you are currently facing marijuana possession, marijuana cultivation, marijuana possession for sale, or marijuana transportation charges, you should immediately hire an attorney to argue that the charges must be reduced in accordance with Prop 64.  

Furthermore, if you are currently serving a sentence for marijuana possession, cultivation, sales, or transportation, you should hire an attorney to petition the court for resentencing, which could substantially reduce your sentence.  

Lastly, if you have already completed your sentence for marijuana possession, cultivation, sales, or transportation, you should hire an attorney to petition the court for resentencing, reduction or dismissal and sealing of your record.  

Cheers!

Posted by Mike Donaldson.