Prop 64 in Ventura: Reduce or Dismiss Cannabis Convictions
TL;DR: California’s Proposition 64, the Adult Use of Marijuana Act, allows many people with prior cannabis convictions in Ventura County and across the state to petition to have their convictions reduced, dismissed, sealed, or redesignated. This post explains the basics of Prop 64 relief, who may qualify, and how the process generally works.
What Proposition 64 Did
Approved by California voters in November 2016, Proposition 64 (Adult Use of Marijuana Act) legalized the recreational use of cannabis for adults 21 and over and created a regulatory framework for cannabis businesses. Importantly for people with prior records, Prop 64 also made many cannabis-related offenses retroactively eligible for reduction, dismissal, or redesignation. This means that conduct that is no longer a crime, or that is now treated as a lesser offense, may potentially be removed or reclassified on a person’s criminal record.
Who May Be Eligible in Ventura County
If you were convicted in Ventura County of a cannabis-related offense before Prop 64 took effect, you may be eligible for relief if the conduct underlying the conviction would now be legal or would now be charged as a lesser offense. Eligibility depends on the specific offense, the facts of the case, and the person’s criminal history. Some felony convictions may be reduced to misdemeanors or infractions, and some misdemeanor convictions may be dismissed and sealed entirely.
Automatic Review Under AB 1793
Following Prop 64, the California Legislature passed Assembly Bill 1793 (2018), which directed the California Department of Justice to review eligible cannabis convictions and provide lists to county prosecutors. District attorneys then review those cases and either challenge eligibility or allow the court to reduce or dismiss the conviction. This means some Ventura County residents may have already received relief without filing anything themselves. However, not every eligible case is captured by the automatic process, and individuals can still file their own petition.
How the Petition Process Works
If your case was not handled automatically, you or your attorney can file a petition or application with the superior court in the county of conviction—in this case, the Ventura County Superior Court. The petition asks the court to recall the sentence, dismiss the conviction, or redesignate the offense. The prosecution has an opportunity to respond and may contest eligibility, particularly if there is an argument that the petitioner poses an unreasonable risk of danger to public safety. Filing deadlines and procedural requirements can vary, so confirm current rules with the court or a qualified attorney before filing.
Why This Relief Matters
Clearing or reducing a cannabis conviction can have significant practical effects. It may improve eligibility for employment, professional licensing, housing, education, and immigration outcomes. Even older convictions can continue to surface in background checks, so taking advantage of Prop 64 relief can be a meaningful step toward a clean slate.
Tips Before You File
- Pull your record first: Request your California Department of Justice criminal history summary so you know exactly what convictions appear and how they are coded.
- Identify the code section: Prop 64 relief depends on the specific Health and Safety Code section under which you were convicted. The wrong section number can derail a petition.
- Check for an automatic reduction: Before filing, contact the Ventura County District Attorney or court clerk to see whether your case was already processed under AB 1793.
- Be candid about criminal history: Prosecutors can object based on a public safety risk, so prepare to address any aggravating history.
- Get qualified help: An experienced California criminal defense attorney can evaluate eligibility and avoid procedural missteps.
Prop 64 Relief Checklist
- Gather case numbers, conviction dates, and sentencing information.
- Obtain a copy of your RAP sheet or court docket.
- Confirm the offense was a cannabis-related conviction covered by Prop 64.
- Determine whether the conviction would now be legal, an infraction, a misdemeanor, or a reduced felony.
- Check for any automatic relief already granted under AB 1793.
- Prepare and file the petition in Ventura County Superior Court if needed.
- Serve the District Attorney and prepare for any objection.
- Attend any required hearing and obtain a certified copy of the order.
- Update background check services and verify the record reflects relief.
Next Steps
If you believe you may qualify for Prop 64 relief in Ventura County, gather any documents you have about your prior case, including case numbers and conviction dates if available. Consider consulting a qualified California criminal defense attorney to evaluate your eligibility and, if appropriate, prepare and file a petition on your behalf.
Contact our team for a confidential consultation to discuss whether Prop 64 relief may be available in your case.
Frequently Asked Questions
Does Prop 64 automatically clear my old cannabis conviction?
Not always. AB 1793 directed the California Department of Justice to identify eligible cases and forward them to local prosecutors, but not every conviction is captured. If your record still reflects an eligible cannabis offense, you may need to file your own petition in Ventura County Superior Court.
Can a felony cannabis conviction be reduced to a misdemeanor?
Yes, in many cases. Prop 64 allows certain felony cannabis convictions to be redesignated as misdemeanors or infractions if the underlying conduct would now be charged as a lesser offense. Eligibility depends on the specific code section and your criminal history.
Can the District Attorney oppose my petition?
Yes. The prosecution may oppose relief if it argues the petitioner poses an unreasonable risk of danger to public safety, as defined under California law. The court will then weigh the evidence at a hearing before deciding.
Will Prop 64 relief help with immigration consequences?
It may help, but immigration consequences are complex and governed by federal law. A reduced or dismissed conviction can improve outcomes, but you should consult both a criminal defense attorney and an immigration attorney before filing.
Is there a deadline to apply for Prop 64 relief?
There is no general expiration date for filing a Prop 64 petition, but procedural rules can change and delay may complicate evidence gathering. Confirm current requirements with the Ventura County Superior Court or a qualified attorney.
Sources
- California Office of the Attorney General – Proposition 64 Text
- California Legislative Information – AB 1793 (2018)
Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws and procedures change, and outcomes depend on the specific facts of each case. For advice about your situation, consult a licensed California attorney.