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Reduce and Expunge Felony and Misdemeanor Marijuana Convictions; HS 11361.9

On November 8, 2016, California voters passed The Adult Use and Marijuana Act (AUMA) – also known as Proposition 64. AUMA regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. Under AUMA, a person 21 years of age or older may possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis.

Assembly Bill 1793 attempts to build on Proposition 64, by eliminating many of the consequences of marijuana convictions. AB 1793 pursuant to HS 11361.9, signed by Governor Jerry Brown and expected to take effect January 1, 2019, applies to Health and Safety Code Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362.3, and 11362.4. The new law will allow individuals to petition the courts to have their felony marijuana convictions reduced to misdemeanors. Felony convictions that may be reduced include transporting or giving away more than an ounce and possession with intent to sell. AB 1793 will also apply to misdemeanor marijuana convictions. Misdemeanor convictions may be expunged under the new law.

According to the Los Angeles Times “Some 500,000 Californians were arrested for cannabis-related felonies and misdemeanors from 2006 to 2015, but only about 5,000 of those had petitioned to have their records modified as of last September, according to the Drug Policy Alliance.” (LA Times, September 30, 2018.)

This is an incredible number of Californians that still have felony or misdemeanor marijuana convictions on their records – impacting their lives negatively in numerous ways. If you would like help reducing and/or expunging a felony or misdemeanor marijuana conviction, contact my office today. We provide a free, confidential consultation.