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California has been required to clear cannabis convictions since 2018, but the process hasn’t gone quickly. A new law signed by Gov. Gavin Newsom may help.

Under current California law, a person 21 years of age or older may possess, process, transport, purchase, obtain, or give away up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. It also allows growers to receive a license to grow up to one acre of marijuana until January 1, 2023, at which point the state may issue licenses to larger growers. There is a loophole that allows firms to accumulate multiple licenses if each is for less than an acre. 

Originally, when cannabis got legalized, offenders were required to petition if they wanted their convictions or sentences dismissed or recalled. They could also apply for the redesignation of a conviction if the lesser offense would have been charged under the Control, Regulate, and Tax Use of Marijuana (AUMA) Act. 

AB-1793, approved on September 30, 2018, put the onus back on the state. The state was required to clear the convictions en masse, without requiring anyone at all to file any petitions at all. The process was to be automated. Records were to be updated, and many were to be sealed. Unfortunately, many records did not get handled. 

The new bill demands the courts update case records and transmit them to the state Department of Justice by March 1. The DOJ is required to modify its records by July 1. 

The DOJ and the Judicial Council have been tasked with collecting data on these efforts and issuing regular public reports. The DOJ has also been asked to lead a public awareness campaign to ensure people know they that their records have been updated and they no longer have to clear convictions. 

As of right now, at least 34,000 records have not been processed. 

Legalization has been something of a mess in California, and cannabis-related arrests continue to happen. Those who are running marijuana businesses remain especially vulnerable. If you are in trouble and need someone to defend your case, reach out to Greco Neyland today. 

As for having your conviction cleared, there’s nothing you can do to speed the process along, but you should check to ensure that your records are updated by July 1, 2023. 

See also:

What to Do if You Get Arrested in Los Angeles, CA 

What Does It Take to Get Criminal Charges Dropped in Los Angeles, CA 

What to Do If The Police Are At the Door of Your Los Angeles Home