After being adopted by California voters, Proposition 64 was passed into law as Senate Bill 94. It was Chaptered by the Secretary of State as Chapter 27 of the Statutes of 2017. Read the full text of SB 94 here.
On November 8, 2016, California voters passed Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act (Prop. 64)). It legalizes the responsible use of marijuana by adults 21 years of age and older, and reduces the criminal penalties for most remaining marijuana offenses from felonies to misdemeanors and some misdemeanors to infractions. Prop. 64 applies to both juveniles and adults.
In addition to legalizing the responsible use of marijuana by adults 21 years of age and older, Prop. 64 allows most people previously convicted of most marijuana felonies to have a judge reclassify their felony convictions as misdemeanors. It also allows most people previously convicted of marijuana misdemeanors to have a judge reclassify their misdemeanor convictions as infractions. Finally, it allows some individuals to have their prior convictions dismissed and sealed entirely.
For more information on Proposition 64 and procedures, check out the San Diego Public Defender's Proposition 64 FAQ's.
Applicants for Prop. 64 relief should complete a Prop. 64 Petition form for each case separately and submit it to the Superior Court where the conviction occurred for review and decision by the court.
The petition must also be served on the prosecuting agency. For more information see our Guide on "Service of Notice and Other Papers."
See the San Diego County Public Defenders website for more information on Prop. 64 relief and for FREE assistance thru their Fresh Start Program.
If you have questions about how Prop. 64 affects juveniles please contact the San Diego Public Defender's Juvenile Office at (858) 974-5757.
The San Diego Law Library is San Diego's access point to legal information, resources, and referrals to help you. Click here for hours and partner locations or contact us at refdesk@sdlawlibrary.org or 619-531-3900.