HOW TO GET PAST MARIJUANA CHARGES ERASED - CALIFORNIA 2017

Petitioning for the Reduction, Recall, Dismissal of Sentence and Re-sentencing to non-felony

Petitioning for the Reduction, Recall, Dismissal of Sentence and Resentencing to non-felony

 

Getting pardoned; the process is not too complicated.  Just complete the forms provided below and file, and before you know it, your record is free of marijuana related offences.

 

"People can file the forms personally (below) or they can contact a Cal NORML's legal committee attorney, and / or Eunisses Hernandez of the Drug Policy Alliance (213-226-6426) for assistance on sentence reduction or expungement."

 

california courts and citizens free themselves of thousands of marijuana cases

 

Petition Application - Form CR-400

Proof of Service for Petition / Application - Form CR-401

Prosecuting Agency's Response to Petition / Application - Form CR-402

Order After Petition / Application - Form CR-403

Request to Reduce Juvenile Marijuana Offense - Form JV-744

Attachment to Request to Reduce Juvenile Marijuana Offense - Form JV-744A

Prosecuting Agency’s Response to Request to Reduce Juvenile Marijuana Offense - Form JV-745

Order After Request to Reduce Juvenile Marijuana Offense - Form JV-746



 

THE LAW

PETITIONING FOR REDUCTION - RECALL - DISMISSAL - SENTENCE RESTRUCTURE

 

Sections in Proposition 64, (the new cannabis law in place now (2017) .

California State has released details on Proposition. 64, including the forms that citizens can file for sentence reduction in past adult and juvenile cases.

The new cannabis laws as specified under Proposition. 64 provides for the release of offenders upon successful file of the courts

 


New Marijuana Law - Prop 42 - Sec. 113618  - summary
 

Any convicted person currently serving a sentence for a crime, whether by trial or by open or plea ............ who would not have been found guilty of an offense or who would have been found guilty of a lesser offense under the new (2016) Control, Regulate and Tax Adult Use of Marijuana Act -  had this Act been in effect at the time of the said offense .......... may file for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in his or her case  ...... and they may request resentencing or dismissal in accordance with Sections 11357, 11358, 11359, 11360, 11362.1, 11362.2, 11362. 3, and 11362. 4 as those sections have been amended or added by this Act.

 

"There is a very good chance that conviction of possession, transport, use and cultivation charges of small amounts of cannabis - pre 2017 will be reduced or dismissed.  Felonies may be reduced to misdemeanors."


In exercising its discretion, the court can consider, but shall not be limited to evidence provided in subdivision of Section 1170-18 of the California Penal Code. In this section, "unreasonable risk of danger to public safety" has the same meaning as the subdivision in Section 1170-18.


A person who that is serving a sentence and then subsequently resentenced, pursuant to subdivision shall be given credit for time already served and shall be subject to supervision for one year following completion of his or her time in custody ..... or shall be subject to whatever supervision time he or she would have otherwise been subject to after release ...... whichever is shorter, unless the court, in its discretion, as part of its resentencing order, releases the person from supervision.

 

This person is subject to supervised parole under Penal Code Section-3000-08 or post-release under community supervision described in Section 3451 of the Penal Code by the designated agency and the jurisdiction of the court in the county where the offender is released or resides ..... or in which an alleged violation of supervision has occurred  .... for the purpose of hearing requests to revoke supervision and impose a term of custody.

Under no circumstances can resentencing, under this section, result in the imposition of a term longer in duration than the original sentence, or the reinstatement of charges dismissed pursuant to a negotiated plea agreement.

A person who has completed their sentence for a conviction under Sections 11357 to 11360, whether by trial or open or negotiated plea, and  would not have been guilty of an offense or would have been guilty of a lesser offense, as defined by the Control, Regulate and Tax Adult Use of Marijuana Act had that Act, had it been in effect at the time of the offense, ..... they may file an application before the trial court that entered the judgment of conviction in his or her case... and to have the conviction dismissed and sealed,  because the prior conviction is now legally invalid and  redesignated as a misdemeanor or infraction in accordance with Sections 11357 through 11360, and sections 11362-1,2,3,4  because these sections have been added or amended to the Act.

The court shall presume that the petitioner satisfies the criteria in subdivision, that is,  unless the party opposing the application proves by clear and convincing evidence...... that the petitioner does not satisfy the criteria in subdivision . Once the applicant satisfies the criteria in subdivision, then the court shall redesignate the conviction as a misdemeanor or lesser infraction  ...  or the court may dismiss and seal the conviction as legally invalid as now established under the New Control, Regulate and Tax Adult Use of Marijuana Act.

Unless requested by the applicant, no hearing is required to grant or deny an application filed under subdivision.

Any felony conviction that is recalled and resentenced under subdivision or designated as a misdemeanor or an infraction under subdivision shall be considered a misdemeanor or infraction for all purposes. Any misdemeanor conviction that is recalled and resentenced under subdivision or designated as an infraction under subdivision shall be considered an infraction for all purposes.

If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the request or application.

No thing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.

No thing in this and related sections is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of the Control, Regulate and Tax Adult Use of Marijuana Act.

A resentencing hearing ordered under this act shall constitute a ''post-conviction release proceeding" under paragraph 7 of subdivision of Section-28 of Marsy's Law.

The provisions of this section must apply equally to juvenile delinquency adjudications and dispositions under Section-602 of the Welfare and Institutions Code... that is,  if the juvenile would not have been guilty of an offense or would have been guilty of the lesser offense under the New Control, Regulate and Tax Adult Use of Marijuana Act.

The Judicial Council shall promulgate and make available all necessary forms that will enable the filing of the said requests and applications as listed in this section.

 

J. Richard Couzens and Justice Tricia A. Bigelow information on felony sentencing for lawyers here.  


 

LEGAL DEFINITIONS CALIFORNIA LAW

 

Misdemeanors
 

A misdemeanor is a crime that is punishable by imprisonment in either a county or city jail or detention facility and the term must not to exceed one year, with the exception where the law specifies a separate punishment, this misdemeanor is punishable by imprisonment in a county jail not to exceed six months and/or a fine not exceeding $1000 dollars. Some misdemeanors are specifically listed for punishment that exceeds the punishment listed in Penal Code such as  Battery on a Peace Officer, which is punishable by imprisonment in a county jail for up to one year and/or a  $2,000 dollar fine.

Cali misdemeanors types are:

  • standard misdemeanors

  • gross" or "aggravated" misdemeanors

     

Standard Cali misdemeanors are offenses punishable by a maximum of:

  • 6 months in county jail, and /or
  • A fine of up to $1,000
     

 

Punishment for a "gross" or "aggravated" misdemeanor

  • Up to 364 days in county jail, and/or
  • A fine of up to $1,000
     


Example: misdemeanors in Cali

  • Drug possession -- California Health and Safety Code 11350
  •  

Example aggravated misdemeanors includes;

  • DUI without injury
     

 

FELONY
 

A felony is a serious crime that can be punished by death or imprisonment in a state penitentiary.  A person convicted of any felony may be granted probation instead of a prison sentence.  If a person is on probation, the court can impose conditions  including up to one year in county jail, monetary fines up to the maximum allowed by state law, and restitution to the victim for losses incurred.  Additionally, the court can impose other conditions that are reasonably related to the defendant's crime, or to impede future criminality.

 

``Obviously, anyone with a misdemeanour or felony wants to have the charges reduced and there is a great prospect that a misdemeanour will be wiped from the books and felonies reduced to misdemeanour, provided that there are no elements of violence and organized crime attached to your file.`` - Johnny R,.


 

MMJDoctorOnline Notes:  While citizens can get their past charges for marijuana related offenses reduced or eliminated entirely, a dispensary that sells to a non-medical marijuana patient, that is until 2018, stands to lose their business license.  The process of getting a medical marijuana card is still allowed to use telemedicine, which is the processing of routine medical services remotely and usually via the internet.

Our medical evaluation process is very simple and takes only a few minutes of your time.  Just fill out the questionnaire about your conditions and symptoms and a licensed doctor will review your file from his personal tablet.  It all is in order, you will be issued your document.  Patients don't pay unless they are approved.  Documents are used in California dispensaries, cooperatives, cannabis clubs and delivery services.  In Nevada, a California MJJ ID, may exempt you from paying sales tax of up to 35% in some jurisdictions.

 

FURTHER READING

 

Petitioning for Recall, Dismissal of Sentence and Resentencing Sections in Prop. 64

Highly Recommended.  You can file forms yourself or contact a Cal NORML legal committee attorney, or E. Hernandez of the Drug Policy Alliance .... 213-226-6426 for legal assistance - sentence reduction - expungement.

 

Cali NORML Legal Referral Guide

To join this list, download our Legal Committee Questionnaire

 

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Cali Proposition 64, Marijuana Legalization (2016)

Calif Prop64 -  the California Marijuana Legalization Initiative, was on the November, 2016, ballot in Cali as an initiated state statute. Supporters referred to the initiative as the Adult Use of Marijuana Act. It was approved.

 

  • Yes - supports legalizing recreational cannabis for persons aged twenty one years or older under state law and establishing certain sales and cultivation tariffs.

  • No - vote opposed this proposal to legalize recreational cannabis under state law and to establish certain sales and cultivation tariffs.



 

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