Who can get Prop. 64 relief?

You may apply for Prop. 64 “reclassification” if you were ever convicted of one of the four offenses listed above (again, those are: Cal. Health & Safety Code §§ 11357, 11358, 11359, and 11360).

You can apply for Prop. 64 regardless of what else is on your record, even a “super strike” will not disqualify you. In other words, as long as you: (1) were convicted of an offense listed above, (2) are serving or completed a sentence for one of those offenses, and (3) would have been guilty of a lesser offense under Prop. 64, you can apply. If the District Attorney objects to resentencing for any reason, they must prove that you are not eligible by “clear and convincing evidence.”

NOTE: If you have a current or past juvenile offense (called a disposition or adjudication) for an offense Prop. 64 reduced, you can ask for a new disposition, redesignation, or sealing.[3116]

VERY IMPORTANT NOTE FOR NONCITIZENS: Immigration enforcement is run by the federal government, not California’s state government. Federal immigration officials still consider the possession of marijuana to be illegal. Admitting the use or possession of marijuana is a danger for noncitizens. Immigration officers are increasingly asking noncitizens about their use of marijuana. If you say you have ever used marijuana, especially in states that have legalized marijuana. You should not admit using marijuana to any immigration official. In the resentencing process, you or your lawyer should try to get the judge to make an order that that says your previous marijuana-related conviction is reduced or dismissed because it is “legally invalid”—which is what the law requires under California Health & Safety Code § 11361.8. Since we do not know yet if immigration officials will accept Prop. 64 relief, you should consider other forms of post‐conviction relief as well if you are a noncitizen. Learn more options to address the immigration consequences of your record starting on PG. 1105.

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  1. 3116

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