19 February 2018 | Proposition 64

Petitioning a Prior Marijuana Conviction Under Proposition 64

If you’ve received a past marijuana conviction, you may be eligible to petition the court to change your conviction. Passed in 2016, Proposition 64 officially legalizes the recreational use of marijuana in California and also has sweeping ramifications for past felony convictions, in particular.

Who Should Petition the Court? Who Should Petition the Court?

If you have been found guilty of possession, transportation, or cultivation of marijuana in California, you may be eligible for to have your conviction reduced from a felony to a misdemeanor. Ultimately, the Superior Court of CA determines whether or not your conviction can be reduced by weighing “disqualifying factors” as well as your other criminal history.

In some cases, convictions for particularly minor marijuana-related offenses could be potentially tossed out altogether.

Why Should I Petition for a Change?

A felony conviction stays on your record forever. Felonies can limit your employment options, your ability to vote, and even where you can live. Having a felony conviction converted to a misdemeanor can have broad implications on the rest of your life. For some offenders currently incarcerated, these changes could even result in release.

When Should I Petition the Court?

As soon as possible; you may petition the court no matter how long ago you were convicted. If your convictions included any of the following, contact a California defense attorney right away:

  • Possession of more than 28.5 grams of cannabis
  • Plating, cultivating, and/or drying more than six marijuana plants
  • Possession with the intent to sell
  • Transporting marijuana into the state of California

Would you like to find out more about petitioning for a Clean Slate under Proposition 64? Contact an experienced criminal defense attorney near you to get started.

The Lee Law Group has over a decade of experience representing clients in the greater San Diego area and beyond. The team’s drug offense lawyers are experts at helping their clients protect their rights.

Reach out today to learn more about the implications of Proposition 64 on your case.


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