In November 2016, California voters passed Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act), fundamentally reforming the state's approach to personal marijuana offenses. Beyond legalizing recreational possession and cultivation for adults aged 21 and older, Prop 64 enacted crucial post-conviction relief provisions.

 Codified under California Health and Safety Code (HS) § 11361.8, Prop 64 allows individuals with prior cannabis convictions to petition the court to recall, reduce, dismiss, and seal records for conduct that is now legal or subject to reduced penalties.

Understanding Health and Safety Code § 11361.8 Relief

Health and Safety Code § 11361.8 provides retroactive legal relief for adults (18 and older) who were convicted, sentenced, or completed sentences for eligible cannabis offenses.

Covered Offenses for Dismissal and Redesignation

• HS § 11357: Simple Possession of Marijuana

• HS § 11358: Cultivation of Cannabis

• HS § 11359: Possession of Cannabis for Sale

• HS § 11360: Transportation, Importation, Sale, or Distribution of Cannabis

Legal Effects of Record Clearance

1. Resentencing or Redesignation: Felony convictions can be reduced to misdemeanors or infractions for all legal purposes.

2. Dismissal and Sealing: Convictions for conduct deemed entirely lawful under Prop 64 are dismissed as legally invalid and sealed.

3. Protection from Search and Seizure: Pursuant to HS § 11362.1(c), lawful amounts of cannabis are no longer classified as contraband and cannot form the sole basis for detention, search, or arrest.

Automatic Record Sealing: Assembly Bills 1793 and 1706

To eliminate procedural barriers for individuals seeking relief, subsequent California legislation shifted the burden of record clearance from the individual to the state:

• Assembly Bill 1793 (HS § 11361.9): Enacted in 2018, AB 1793 mandated that the California Department of Justice (DOJ) review all convictions in the state criminal history database eligible for dismissal or redesignation under Prop 64.

• Assembly Bill 1706: Passed to resolve administrative processing delays, AB 1706 established hard statutory deadlines requiring county courts and the California DOJ to complete record updating, dismissal, and sealing.

Once a record is sealed under these statutes, the arrest, conviction, and related proceedings are deemed never to have occurred, allowing individuals to legally state on job applications that they have no prior conviction for the sealed offense.

Ineligible Cannabis Offenses and Legal Exceptions

Proposition 64 relief does not apply universally to all drug-related criminal allegations. Specific offenses remain subject to full criminal prosecution and felony penalties:

• Sales or Distribution to Minors: Offenses under HS § 11361 involving minors remain serious crimes.

• Chemical Extraction Manufacturing: Manufacturing concentrated cannabis via volatile solvents under HS § 11379.6 remains a felony.

• Asset Forfeiture: Prop 64 does not repeal HS § 11470(f), which allows the state to seize cash or assets connected to commercial drug trafficking operations.

• DUI and Impairment: Standardized Field Sobriety Tests (SFSTs) and vehicle search laws apply if law enforcement has specific articulable facts indicating driving under the influence or open container violations.

Juvenile Offense Modifications

For minors (under age 18), Prop 64 amended existing statutes to reclassify most cannabis-related infractions. Court penalties for juvenile infractions are strictly limited to mandatory drug education/counseling hours and community service.

Why Proactive Legal Petitioning Matters in Los Angeles

While state law directs automatic clearing, administrative delays, incomplete local court records, and prosecutorial challenges under HS § 11361.9(c) can leave eligible convictions active on public background checks.

Filing a formal PC § 1385 / HS § 11361.8 Application for Resentencing or Dismissal with the Los Angeles County Superior Court directly ensures that court databases are updated, DOJ criminal histories are corrected, and record sealing is formally confirmed without relying on automated backlog clearance.

Frequently Asked Questions (FAQs)

Do I need to file a petition to get my marijuana conviction expunged in California?

While California laws (AB 1793 and AB 1706) direct the California Department of Justice and local county courts to automatically identify, dismiss, and seal eligible cannabis convictions, system backlogs can delay the process. Filing an affirmative court application under Health and Safety Code § 11361.8 expedites court verification and guarantees record sealing.

What is the difference between expungement and record sealing under Prop 64?

A standard California expungement (Penal Code § 1203.4) updates a criminal record to show a guilty plea was withdrawn and the case dismissed, but the record remains visible on certain background checks. Prop 64 relief under HS § 11361.8 goes further by completely sealing and destroying eligible records, rendering the conviction legally non-existent.

Will a sealed cannabis record show up on an employer background check?

No. Once a cannabis conviction is sealed pursuant to Health and Safety Code § 11361.8 and § 11361.9, the record is removed from the state summary criminal history database. Under California law, a sealed arrest or conviction is deemed never to have occurred, and applicants may legally deny its existence on employment applications.

Which Health and Safety Code sections are eligible for dismissal under Prop 64?

The primary offenses eligible for reduction or dismissal under HS § 11361.8 include simple possession of marijuana (HS § 11357), cultivation of marijuana (HS § 11358), possession of marijuana for sale (HS § 11359), and transportation or distribution of marijuana (HS § 11360).

Does Prop 64 clear felony cannabis convictions involving sales or distribution?

Yes, prior felony convictions for possession for sale (HS § 11359) or transportation/distribution (HS § 11360) can be retroactively reduced to misdemeanors or dismissed entirely if the underlying conduct involved amounts that are now legal or decriminalized under current law.

A criminal defense lawyer at the Esfandi Law Group in Los Angeles can help you. Schedule your free consultation by calling us or filling out the contact form here.