Proposition 64 Beyond Recreation – Expungement and Resentencing for Cannabis Convicts

The 62-page “Adult Use of Marijuana Act” (AUMA) sets out these rules, as well as the rules and regulations on recreational use, but the following is a basic summary of what AUMA can do for a cannabis convict.

The general rule for resentencing under Prop 64 is a logical one. If the act is no longer a crime, your conviction can be expunged (i.e., cleared from your record for all purposes). Similarly, if Prop 64 changed the act from a felony to a misdemeanor, you have the right to petition the court to have your conviction resentenced as a misdemeanor. In either case, this can mean early release from prison or jail, complete or partial rehabilitation of one’s criminal record, or both.

Examples of resentencing and expungement opportunities under Prop 64

From Felony to Misdemeanor

• Possession of 28.5 grams or more, or possession of more than 4 grams of concentrated cannabis
• Cultivation of more than 6 plants of cannabis
• Possession of cannabis for sale
• Transporting, importing into California, selling, furnishing, administering, or giving away, or offering to transport, import into California, sell, furnish, administer, or give away, or attempting to import into California or transport 28.5 grams or more of cannabis

From Crime to Infraction

• Giving away, offering to give away, transporting, offering to transport, or attempting to transport not more than 28.5 grams of marijuana, other than concentrated cannabis

• Cultivation of 6 plants or less