SACRAMENTO, Calif. (June 5, 2018) – Last week, the California Assembly passed a bill that would create a process to expunge or reduce the sentences of people charged under the state’s marijuana laws before recreational cannabis was legalized this year. Passage into law would take another step toward nullifying federal marijuana prohibition in effect in California.
Assm. Rob Bonta (D-Alameda) introduced Assembly Bill 1793 (AB1793) in January. Under the proposed law, the court would automatically reduce or dismiss marijuana convictions pursuant to Adult Use of Marijuana Act (AUMA) unless prosecutors successfully challenge the dismissal of charges or sentence reduction.
In November 2016, voters in California approved a ballot measure legalizing marijuana for general use by adults. The law went into effect on Jan. 1. Under the AUMA, any person charged under previous California marijuana laws can petition for the recall or dismissal of a sentence, dismissal and sealing of a conviction, or redesignation of a conviction of an offense for which a lesser offense or no offense would be imposed under new law. Under AB1793, expungement would happen automatically without any petitiion necessary effective July1, 2020. The bill creates a process for prosecutors to challenge the …
Read more at The Tenth Amendment Center
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