Table of Contents
- 1. Expunging or reducing your marijuana conviction under Prop 64
- 2. What offenses are covered by Prop 64 for expungement, sealing, or reduction?
- 3. If you already received an expungement under 1203.4, why should you care about Prop 64?
- 4. How to Get Started with Marijuana Expungement or Reduction
Prop 64, “The Adult Use of Marijuana Act”, will allow most people with marijuana offenses to either fully expunge and remove the conviction from their record, reduce their conviction to a misdemeanor, or reduce their conviction to an infraction. By clearing marijuana offenses from their record, people will be able to pass background checks to secure employment and housing. Prop 64 will even release truly harmless people from our prison system (saving even more taxpayer dollars) and will stimulate our economy.
The quickest and easiest way to see if you are eligible to expunge your record under the new law is to take our free online expungement eligibility test which has been updated to include the Prop 64 law changes.
Expunging or reducing your marijuana charge
As stated above, many, but not all, marijuana offenses can either be expunged and removed fully from your record or reduced because of Prop 64. However, the process is not automatic. You must petition the court and prove that you are not a danger to society. Once your case is reduced, you will have a lower level offense whenever a background check is conducted. If your case is expunged under Prop 64, then your conviction will no longer act as a roadblock for any opportunities that become available to you.
Note that if you have an eligible felony conviction, Prop 64 can also restore your Second Amendment gun rights which you lost because of your minor marijuana offense.
Although Prop 64 goes into effect right away, you won’t be able to purchase marijuana at a dispensary without a physician’s recommendation until dispensaries become licensed to sell to you.
What offenses are covered by Prop 64 for expungement, sealing, or reduction?
- Possession of NOT more than one ounce of marijuana or not more than 4 grams of concentrate (hash/oil/rosin):
Possession by an adult over age 21 was a $100 ticket and anyone with this offense will now be able to have it expunged from their record entirely. If you were under age 21 at the time of the offense, it is reducible to an infraction. (Health and Safety Code 11357).
If the possession occurred in a school or on school grounds, then the offense cannot be expunged entirely from your record. Instead, it can be reduced to a misdemeanor if you were 18 years of age or older or reduced to an infraction if you were under the age of 18.
- Possession of more than one ounce of marijuana or more than four grams of concentrate (hash/oil/rosin): Possession of hash/oil/rosin was a misdemeanor or a felony and anyone with this offense will be able to reduce the offense. If you were under age 18 at the time the offense was committed, it can be reduced to an infraction. If you were 18 or older at the time the offense was committed, then it is reducible to a misdemeanor only. (Health and Safety Code 11357)
- Cultivation of less than 6 marijuana plants: This was a felony and anyone with this offense will be able to have it expunged from their record entirely (if you were under 21 at the time of the offense it will be reduced to an infraction). (Health and Safety Code 11358)
- Cultivation of more than 6 marijuana plants: This was a felony and anyone with this offense will be able to reduce it to a misdemeanor in most cases unless you had prior offenses for cultivation of more than 6 plants (if you were under 21 at the time of the offense it will be reduced to an infraction) (Health and Safety Code 11358)
- Possession of Marijuana for sale: was a felony and anyone with this offense will be able to reduce it to a misdemeanor if it is their first or second offense in most cases. (If you were under 18 when the offense was committed it can be reduced to an infraction) (Health and Safety Code 11359).
- Transportation of marijuana for sale and unlawful gift over 28.5 grams marijuana or any amount of concentrate: This was a felony and anyone with this offense will be able to reduce it to a misdemeanor in most cases (If you were under 18 at the time the offense was committed it is reducible to an infraction) (Health and Safety Code 11360)
- Transportation of marijuana for sale and unlawful gift under 28.5 grams marijuana (not concentrate): This was a felony and anyone with this offense will be able to reduce it to an infraction. (Health and Safety Code 11360)
If you already received an expungement under 1203.4, why should you care about Prop 64?
Unlike a traditional expungement (a 1203.4 dismissal) which is designed for employment purposes, Prop 64 may be able to remove the case fully from your record or reduce your record. This removal from your record is an incredible form of relief which was not previously available to anyone who was convicted of an offense. Furthermore, if you have a felony and are eligible for a reduction under Prop 64, it would restore your gun rights.
The passing of Proposition 64, the Adult Use of Marijuana Act (AUMA), both legalizes marijuana for recreational use and also creates a system of taxation on marijuana. Regardless of your position on marijuana laws, Prop 64 serves an even more important purpose to allow minor drug offenders to reenter into the workforce and general population by allowing them to expunge their records. Many people who will benefit from Prop 64 have been marginalized for many years based upon extremely minor offenses which used to come with a very harsh punishment.
This relief is much more powerful than a traditional expungement and we urge anyone with an eligible record to take advantage of the relief that is now available.
We have long believed that minor marijuana drug offenders should be treated proportional to their offenses and Prop 64 will go a long way towards fixing the problem. Here at RecordGone, a division of the law firm of Higbee & Associates, we take every opportunity to stand up for our client’s rights and to open new methods for reentry populations to become reintegrated in society. We have strongly supported Proposition 64.
How to get started with a marijuana expungement or reduction
The next step is easy. Simply take our free online Prop 64 eligibility test or contact our office toll-free at (877) 573-7273 for a free consultation. If you are eligible, we will handle all aspects of the case for you, including attending court on your behalf so you don’t have to.
We offer price matching and a money back guarantee on all Prop 64 cases.
You can also read more about this service on our Proposition 64 marijuana expungement page.