Proposition 64
The Control, Regulate & Tax Adult Use of Marijuana Act
A sensible reform
On November 8, 2016, California voters approved Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. Proposition 64 allows persons 21 years of age or older to possess, transport, or give away not more than 28.5 grams of marijuana and the ability to grow six marijuana plants. Proposition 64 permits a person convicted of certain marijuana-related offenses to apply to have a felony conviction re-designated a misdemeanor or infraction. If you have a conviction for marijuana possession, cultivation (planting, harvesting, or processing), possession for sale, or transportation for sale, and you would not have been guilty had Proposition 64 been in effect at the time of your offense, you can file an application to have your felony conviction reduced to a misdemeanor or infraction.
See if you qualify
Possession of Marijuana
Before Proposition 64, possession of marijuana up to an ounce was penalized with a $100 infraction Now, due to Proposition 64, possession of 28.5 grams (1 ounce) of marijuana is now legal for all California residents over the age of 21. Your age at the time of your conviction will determine your appropriate relief. If you were 21 years old when you were convicted of possessing marijuana, you can now expunge your conviction completely. If you were under the age of 21 when you were convicted of possessing marijuana, then you can only reduce your conviction to an infraction.
Example #1: Johnny was convicted of possessing 1 gram of marijuana in 2015. Johnny was 22 years old at the time of his conviction. Johnny can now petition the court to have that infraction expunged from his record.
Example #2: Johnny was convicted of possessing 1 gram of marijuana in 2015. Johnny was 20 years old at the time of his conviction. Johnny can now petition the court to have that infraction expunged from his record.
Marijuana Cultivation
Before Proposition 64, cultivating up to 6 marijuana plants was a felony. However, adults over the age of 21 can now legally cultivate up to 6 marijuana plants. Proposition 64 also enacted relief for those convicted of cultivating marijuana. Depending on the petitioner’s age at the time of the conviction will determine their appropriate relief.
(1) If the petitioner was over the age of 21 when they were convicted for cultivating 6 or less marijuana plants, they can now have that conviction expunged from their criminal record.
(2) If the petitioner was under the age of 21, they can have that conviction reduced to an infraction.
Example #2: Johnny was convicted of growing 5 marijuana plants in 2015. Johnny was 20 years old at the time of his conviction. Johnny can now petition the court to have that conviction reduced to an infraction.
Before Proposition 64, cultivation of more than 6 marijuana plants was a felony. But now, cultivation of more than 6 marijuana plants is a misdemeanor due to Proposition 64. The petitioner’s age at the time of the conviction will determine their appropriate relief.
(1) If the petitioner was over the age of 18 when they were convicted of cultivating more than 6 marijuana plants, they can reduce your felony conviction to a misdemeanor.
(2) If the petitioner was under the age of 18, they can reduce their conviction to an infraction.
Example #3: Johnny was convicted of growing 7 marijuana plants in 2015. Johnny was 22 years old at the time of his conviction. Johnny can now petition the court to have that felony conviction reduced to a misdemeanor.
Example #4: Johnny was convicted of growing 7 marijuana plants in 2015. Johnny was 17 years old at the time of his conviction. Johnny can now petition the court to have that conviction reduced to an infraction.
If you were convicted of cultivating marijuana, and over the age of 18, some factors may hinder your ability to reduce your conviction. These factors include, but are not limited, to: conviction of a “super strike” offense, conviction of an offense requiring you to register as a sex offender, two or more prior cultivating convictions over the age of 18, and/or if your offense intentionally or with gross negligence caused substantial environmental harm. If any of these factors apply to your case, Proposition 64 relief may be difficult to obtain.
Possession for Sale
Before Proposition 64, possession of marijuana for sale was a felony. However, Proposition 64 now makes possession of marijuana for sale a misdemeanor. Proposition 64 also enacted relief for those convicted of cultivating marijuana. The petitioner’s age at the time of the conviction will determine their appropriate relief.
(1) If the petitioner was convicted of possession of marijuana for sale and under the age of 18, they can have their conviction reduced to an infraction.
(2) If the petitioner was over the age of 18, they may only reduce their felony conviction to a misdemeanor.
Example #1: Johnny was convicted of selling marijuana in 2015. Johnny was 17 years old at the time of his conviction. Johnny can now petition the court to have that conviction reduced to an infraction.
Example #2: Johnny was convicted of selling marijuana in 2015. Johnny was 19 years old at the time of his conviction. Johnny can now petition the court to have that conviction reduced to a misdmeanor.
If you were convicted of possessing marijuana for sale, and over the age of 18, some factors may hinder your ability to reduce your conviction. These factors include, but are not limited, to: conviction of a “super strike” offense, conviction of an offense requiring you to register as a sex offender, two or more prior convictions for transporting marijuana for sale, and/or if the offense involved the knowing sale of marijuana to a person under the age of 18. If these factors apply in your case, Proposition 64 relief may be difficult to obtain.
Transportation for Sale
Before Proposition 64, transportation of marijuana for sale was a felony. However, Proposition 64 now makes transportation of marijuana for sale a misdemeanor. The petitioner’s age at the time of the conviction will determine their appropriate relief
(1) If the petitioner was under the age of 18 when convicted for transportation of marijuana for sale, they can reduce their felony conviction to an infraction.
(2) If the petitioner was over the age of 18, they can only reduce the offense to a misdemeanor.
Example #1: Johnny was convicted of transporting marijuana for sale in 2015. Johnny was 17 years old at the time of his conviction. Johnny can now petition the court to have that conviction reduced to an infraction.
Example #2: Johnny was convicted of transporting marijuana for sale in 2015. Johnny was 19 years old at the time of his conviction. Johnny can now petition the court to have that conviction reduced to a misdemeanor.
If you were convicted of transporting marijuana for sale, and over the age of 18, some factors may hinder your ability to reduce your conviction. These factors include, but are not limited, to: conviction of a “super strike” offense, conviction of an offense requiring you to register as a sex offender, two or more prior convictions for possessing marijuana for sale, and/or if the offense involved the sale or attempted sale to one under 18 years of age If any of these factors apply to your case, Proposition 64 relief may be difficult to obtain.
Free Initial Consultation
Allow Let Go Legal help you let go of your past and move forward in life. We handle all matters on your behalf starting with our initial consultation. There is no cost to determine whether you are eligible for relief. We will gather the requisite documents on your behalf, draft and file your petition, and appear on your behalf in court to obtain the relief you need. Our flat fee prices include everything. There are no hidden costs. Don’t wait any longer. Start the process today and see if you qualify for relief.
Proposition 64 Felony Reduction
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Reasons to Reduce Your Felony to a Misdemeanor.
Having a felony conviction brings negative repurcusssions to ones life. But a felony reduction can help alleviate the consequences of a felony conviction.
Gun Rights
A conviction for any felony renders you unable to bear and keeep arms. But a felony reduction may be able to restore your gun rights which would allow you to bear and keep arms again.
Employment
A felony conviction can bar you from obtaining better employment for you and your family when you are otherwise eligible. Reducing a felony to a misdemeanor will allow you to honestly state on a job application you were never convicted of a felony. This will greatly improve your chances of obtaining better employment for you and your family.
Professional Licensing
A felony conviction can prohibit you from obtaining certain professional licenses, or can even cause you to lose your professional license. Nurses, attorneys, pharmacist, doctors, and dentists, are some of the careers where a felony conviction can cause isssues if not reduced to a misdemeanor.
Military Service
Even if you want to honorably serve in the military, a felony convction will prohibt you from enlisting. However, by reducing that felony conviction to a misdemeanor, you greatly improve the chances of being able to enlist and serve.
Housing
Having a felony conviction may bar you from obtaining housing for you and your family when you otherwise would have been quallified for. Reducing your felony to a misdemeanor will allow you to honestly declare you have never beeen convicted of a felony when applying for housing. This greatly increases your chances of obtaining better housing for you and your family.