It’s been almost two years since Californians voted to legalize and regulate cannabis for adults and, under the regulations that went into effect in January, the wheels of the industry are starting to turn.
Still, as adult-use marijuana has brought recreational cannabis use into the mainstream in the state, and as the new market begins to grow, individuals with cannabis offenses on their record have continued to bear the burden of previous infractions for something that has been since legalized.
Prop 64 got rid of several cannabis-related crimes and applied retroactively, yet it included no system or any guidelines for the offenses to be erased from a person’s record.
But there is new hope in the form of a bill that has gained the approval of both the Assembly and the Senate.
Rob Bonta
After a final reading Wednesday, the Senate voted 22 to 8 to pass AB1793, a measure introduced by Assemblymember Rob Bonta [D] to clear minor cannabis crimes from people’s records and have felonies changed to misdemeanors. The bill passed the Assembly on May 31 with a 43 to 28 vote.
According to the California Department of Justice (DOJ) estimates, there are over 200,000 cases that are eligible for reduction or elimination.
Having garnered the support of the full California legislature, AB1793 now heads to Governor Jerry Brown’s desk for his signature.
Once signed, the bill would give the DOJ until July 1, 2019 to review records in the state summary criminal history information database to identify past marijuana convictions and notify the prosecution of all eligible cases in every jurisdiction.
The DOJ would then have until July 1, 2020 to challenge the “resentencing, dismissal and sealing, or redesignation” of all cases.
