Pre-legalization marijuana convictions being cleared in California under new law

by Meaghan Mackey

Image Id: 456065

SACRAMENTO, Calif. — Under a new California law, the California Department of Justice has been reviewing all marijuana convictions that could be reduced or expunged due to voters approving marijuana for recreational use in 2016.

The deadline for them to complete their review is July 1, 2019.

According to the Department of Justice, it estimates nearly 220,000 cases are eligible for erasure or reduction and by Monday they are required to compile a list of eligible cases to bring forward to district attorney offices in California.

District attorneys will then have exactly one year to challenge any case that they do not agree is eligible for resentencing.

The deadline for District attorneys to complete their review is July 1, 2020.

Assemblyman Rob Bonta, D-Oakland, introduced the law AB 1793 in response to the 2016 passage of Proposition 64, which legalized recreational marijuana use for people 21 and older.

Many individuals whose convictions can be reduced or expunged are either unaware of their eligibility or are discouraged by the tedious process of petitioning the court.

AB 1793 places this responsibility on the state.

After a case is expunged or reduced by a district attorney, the California Department of Justice must edit the individual’s record in the department’s criminal database to reflect the change, according to the bill.