November 14, 2016 • Jerod Gunsberg, Los Angeles Criminal Defense Lawyer
California Voters Legalize Recreational Marijuana with Prop 64
As you probably know, California passed Proposition 64 which legalizes possession of under an ounce of marijuana. In most cases, it reduces the unlawful sale of marijuana to a misdemeanor.
Prop 64 Also Allows for Resentencing
The law also allows resentencing for defendants who are either serving a sentence or have already completed a sentence for many felony marijuana offenses. This includes probationary sentences. For example, if you are on formal (reporting) probation for a conviction on an H&S 11359 (possession for sale of marijuana), H&S 11360 (transportation of marijuana), or H&S 11358 (cultivation of marijuana) or other felony marijuana-related cases. You may be eligible to have your case reduced to a misdemeanor and put on informal probation.
If you were convicted of an offense that has been completely repealed, you may be eligible for a dismissal altogether. It does not matter how long ago your marijuana conviction was, you can do it at any time.
Of course, every case is different and it largely depends on other factors such as violent convictions and the specific circumstances of your criminal history. However, if you have been convicted of a felony marijuana offense it is worth looking into whether you can get your record cleaned up.
To discuss this further, you can contact the Law Offices of Jerod Gunsberg at (323) 633-3423 or use this confidential contact form.