Archive for February 4, 2019

Petition for Resentencing or Dismissal Pursuant to Health & Safety Code section 11361.8 – Marijuana Justice Meets 21st Century – California’s Prop 64

It’s almost hard to believe it took so many years to “decriminalize” marijuana in California. Yet, California’s Proposition 64, The Adult Use of Marijuana Act does exactly that, under certain circumstances. Under Health & Safety Code § 11361.8, a person currently serving a sentence, or who has completed a sentence for a conviction of a violation of sections 11357, 11358, 11359, or 11360 of the Health & Safety Code may be eligible to have the conviction reduced to a misdemeanor or an infraction and resentenced, or dismissed as applicable.

The Butte County Superior Court has made it relatively easy to check eligibility and, if eligible, to download and file the petition or application, as the case may be, for those with Marijuana convictions in Butte County, California. Simply go to https://www.buttecourt.ca.gov/LocalRules/ and scroll down to “Other Forms” and click the .pdf file entitled “Petition or Application and Order under HS 11361.8 (Proposition 64)” to see the instructions and to complete the fillable form. Or hire an attorney to do it for you.