Proposition 64, effective November 9, 2016, (commonly referred to as the Adult Use of Marijuana Act) legalized specified personal use and cultivation of marijuana for adults 21 years of age or older; reduced criminal penalties for specified marijuana-related offenses for adults and juveniles; and authorized resentencing or dismissal and sealing of prior, eligible marijuana-related convictions.

The marijuana crimes that can be reclassified or dismissed and sealed depends on:

• Your age at the time of the offense;
• The type of marijuana related crime you were convicted of; and
• Whether or not you have a disqualifying exception.

Automatic Review and Relief of Marijuana-Related Convictions

Effective January 1, 2019, Assembly Bill 1793 added section 11361.9 to the Health and Safety Code, which created a statewide process for automatic review of marijuana-related convictions that may qualify for relief under Proposition 64 in the form of recall or dismissal of sentence, dismissal and sealing, or redesignation.

Section 11361.9 removed the burden of seeking relief for these convictions from the defendant and made it the responsibility of government agencies. Specifically, the state Department of Justice (DOJ) must review records in the state summary criminal history database and identify convictions that may qualify for relief. The Department of Justice is required to notify the prosecution in each jurisdiction of all cases that may qualify for relief, on or before July 1, 2019. The prosecution had until July 1, 2020, to review all referred cases and determine whether to request a hearing to challenge the granting of relief. A court that grants relief must notify the DOJ, and the DOJ in turn must update its criminal history information accordingly. Cases for persons who are currently serving a sentence or who proactively petition for relief were prioritized for review.

Effective January 1, 2023, Assembly Bill 1706 amended Health and Safety Code section 11361.9 to require courts to grant relief under Proposition 64 and notify the DOJ by March 1, 2023, in cases where the prosecution did not challenge the granting of relief by July 1, 2020.