"Proposition 64" Motion:
Effective November 9, 2016, a motion under "Proposition 64" provides for re-sentencing, re-designation, or dismissal and sealing of specific marijuana based offenses. Relief under this section is allowed for persons currently serving a sentence and for persons who have completed their sentence for Health and Safety Code section 11357, 11358, 11359, and 11360 offenses.
Persons Currently Serving Sentence
For persons currently serving a sentence, there are three requirements to be eligible for relief under Health and Safety Code section 11361.8(a):
The person must:
(1) be serving a sentence for a Health and Safety Code section 11357, 11358, 11359, or 11360 offense,
(2) be “currently serving” the sentence, and
(3) would not have been guilty, or would have been guilty of a lesser offense, if Proposition 64 was in effect at the time the crime was committed.
If the motion were to succeed, it would permit qualifying persons to obtain a reduced conviction or sentence, or dismissal, depending on the offense committed.
Persons Completed Sentence
For persons with a completed sentence, there are three requirements to be eligible for relief under Health and Safety Code section 11361.8(e).
The person must:
(1) have been charged with a Health and Safety Code section 11357, 11358, 11359, or 11360 offense,
(2) completed the sentence for this offense, and
(3) would not have been guilty, or would have been guilty of a lesser offense, if Proposition 64 was in effect at the time the crime was committed.
If the motion were to succeed, it would permit qualifying persons to re-designate their convictions to misdemeanors or infractions, depending on the offense committed. The prior felony conviction will be considered a misdemeanor or infraction for all purposes once recalled and re-designated. Further, if the qualified offense is no longer a crime under Proposition 64, the offense will be dismissed and sealed.
There are no timing requirements for filing a motion for relief under Proposition 64.