What is Proposition 64?

California voters passed Proposition 64 (“Prop. 64”) into law on November 8, 2016, and it went into effect on November 9, 2016. Prop. 64 legalizes the possession, transport, purchase, consumption and sharing of up to one ounce of marijuana and up to eight grams of marijuana concentrates for adults aged 21 and older.[3106] Adults may also grow up to six plants at home.[3107] Prop. 64 also provides for a strict governmental system to regulate and tax the nonmedical use of marijuana, which will not begin until 2018.

In additional to legalizing certain acts, Prop. 64 also reduces or eliminates criminal penalties for most marijuana offenses for both adults AND juveniles.[3108] Prop. 64 provides a way for people with prior marijuana convictions that qualify under the new law to petition a court to have their convictions reduced or dismissed.[3109]

Keep reading to learn more about Prop. 64 and the requirements and procedure for seeking relief! Although a lawyer is not required for reclassification, it is always useful to get help from a lawyer to make sure the Prop. 64 process is completed accurately. See a list of “clean slate” legal aid referrals on PG. 1133.

  1. 3106

    Cal. Health & Saf. Code § 11362.1(a)(1)-(2).

  2. 3107

    Cal. Health & Saf. Code §§ 11362.1(a)(3), 11362.2.

  3. 3108

    See Cal. Health & Saf. Code § 11362.4.

  4. 3109

    Cal. Health & Saf. Code § 11361.8.