How could Prop. 64 help me?

The changes in criminal penalties apply to past convictions, current and pending charges, and future charges.

If you are currently serving a sentence in prison or county jail, or are on probation, post-release community supervision (PRCS), or parole, you may apply for “resentencing” by petitioning the superior court.[3110] The judge must resentence you, unless they determine that you are “an unreasonable risk of danger to public safety.”[3111] As used in Prop. 64, “unreasonable risk to public safety” has the same meaning as it does in Prop. 47 (see APPENDIX T, on PG. 1043), which this law was modeled after.[3112] In other words, a judge can only find you “an unreasonable risk of danger to public safety” if you are at risk of committing a “super strike” as defined in Penal Code § 667(e)(2)(C)(iv). If resentenced, the judge will order you to serve one year on parole or PRCS, unless the court, in its own discretion, removes this requirement.[3113]

If you have completed your sentence and are no longer in custody and are no longer under supervision, you may apply for “reclassification” by petitioning the superior court.[3114] Some courts also refer to this process as “redesignation.” When evaluating petitions for reclassification/redesignation, the judge does not make any determination about whether you are a risk to public safety and does not have the option or discretion to deny resentencing. So long as you were convicted of an offense changed by Prop. 64, the judge and court must reclassify the conviction.

If you are serving a federal sentence for a marijuana-related federal offense, reducing or sealing your conviction might help reduce your sentence and any immigration consequences.

Also note: Resentencing, redesignation, or sealing a conviction under Prop. 64 could give you back your gun rights.[3115] Ask a criminal or clean slate lawyer for advice.

  1. 3110

    Cal. Health & Saf. Code § 11361.8.

  2. 3111

    Cal. Health & Saf. Code § 11361.8(b).

  3. 3112

    Cal. Health & Saf. Code § 11361.8(b)(2).

  4. 3113

    Cal. Health & Saf. Code § 11361.8(c).

  5. 3114

    Cal. Health & Saf. Code § 11361.8(e).

  6. 3115

    Cal. Health & Saf. Code § 11361.8(h) states that a conviction resentenced or redesignated under Prop. 64 “shall be considered a misdemeanor or infraction for all purposes” and does not make gun rights an exception like in Prop. 47 (Cal. Pen. Code, § 1170.18(k)).