Many people have been waiting and hoping for the day when marijuana would become legal in California. Now that it is, how will this legalization impact your criminal record? If you have prior marijuana convictions, it’s now possible to get old (pre-Proposition 64) marijuana charges and convictions dismissed or reduced.

Many people have already taken advantage of the new law and have filed petitions. Let’s get to the specifics.

Understanding Proposition 64: The Adult Use of Marijuana Act

Proposition 64 was passed in November of 2016. This new law has decriminalized possession and cultivation of marijuana for those who are twenty-one years old or older.

Adults may now legally do the following:

• Possess, give away, purchase, obtain, or transport up to 28.5 grams of marijuana without compensation
• Possess, give away, purchase, obtain, or transport all marijuana products without compensation
• Ingest or smoke marijuana products
• Cultivate six or fewer marijuana plants

Eligibility Requirements for Clearing Your Record of Marijuana Offenses

Your hopes have been raised, but we must stop for a moment to discuss who may be eligible to get prior marijuana charges or convictions dismissed or reduced in California.

Certain people may not be eligible based on other criminal convictions. The court has the discretion to deny your petition if it believes it would not be in the best interest of the community to have the offense removed from your record.

Don’t lose hope. Many offenses will qualify to be dismissed. Even if your charge or conviction can’t be dismissed, it may qualify to be reduced. Here are the basic qualifications:

• You must be petitioning the court for a crime that is listed in the new law, whether you are currently serving your sentence or your sentence has already been completed.
• You must be presently serving a sentence or have already completed your sentence for one of the crimes listed in the act.
• If the act had been in effect at the time of your offense, you would not have been guilty of an offense at all or would have been guilty of a lesser crime.

Laws like this can be confusing, but it’s always helpful to speak with a criminal defense attorney who can help you understand whether you will qualify.

Need Help Getting a Marijuana Conviction Off Your Record?

Now that marijuana has been legalized in California, it’s possible to get certain marijuana offenses dismissed from your record—or at least reduced. Your criminal record has a way of impacting every aspect of your life, but you can take advantage of your new eligibility to file for dismissal.

Crowell Law Offices can help you file a petition to dismiss or reduce an old marijuana charge, finally making the idea of a clean criminal record possible. Contact us to discuss cleaning your record during a free initial consultation. Call 916-303-2800 or fill out the form below.