Proposition 64 Eliminates Drug Registration in Cannabis Cases

The passage of Proposition 64 in California has changed more than the class of offense for certain cannabis crimes.  It was specifically designed to be retroactive, permitting reductions in prior sentences, credit for time served, potential reduction in prior fines, and even outright destruction of certain records.
 
Another little discussed change in the law after Proposition 64 is the right for persons with cultivation, possession for sale, and transportation convictions to be relieved of any further duty to register.
 
Section 11590 requires registration as a narcotics offender for designated crimes, such as violations of Health and Safety Code Sections 11358, 11359 and 11360.   Section 11361.8(h) now provides: “Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor or infraction under subdivision (f) shall be considered a misdemeanor or infraction for all purposes. A misdemeanor conviction that is recalled and resentenced under subdivision (b) or designated as an infraction under subdivision (f) shall be considered an infraction for all purposes.”  This means that a defendant who had been ordered to register as a narcotics offender will be relieved of the duty to register. 
 
However, it is important to realize that a person who wishes to be relieved of this duty must go to court and seek to have their prior charges reduced to a misdemeanor or an infraction.  If you need assistance with this process please contact Janssen Malloy LLP.

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