On September 30, 2018, Governor Jerry Brown approved AB-1793. AB-1793 legislation makes changes to the “Control, Regulate and Tax Adult Use of Marijuana Act” (AUMA), previously enacted on November 8, 2016.
Under the AUMA (and depending on the age of the defendant at the time of the offense and the circumstances of the offense) a person was permitted to petition for 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 the AUMA.
Assembly Bill 1793 adds Section 11361.9 to the Health and Safety Code. Health and Safety Code section 11361.9 requires the Department of Justice (“DOJ”) to review the records in the state summary criminal history information database and identify past convictions potentially eligible for relief under the AUMA before July 1, 2019.
The DOJ is then required to notify the prosecution of all cases in their jurisdiction eligible for relief. The prosecution must then identify and inform the court and the public defender’s office whether or not they are challenging particular petitions by July 1, 2020.
If the public defender’s office receives notice of a particular petition that is being challenged, the public defender’s office must make a reasonable effort to contact and inform the defendant.
If the prosecution fails to challenge the relief by July 1, 2020, then the court must reduce or dismiss the conviction pursuant to Section 11361.8.
Once the relief has been granted by the court, the court must then notify the DOJ and the DOJ must modify the state summary criminal history information database accordingly.
By enacting AB-1793, it is clear that the California Legislature is attempting to limit the negative impact cannabis convictions are having on defendant’s records.
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.
 Visit the following link for the full text: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1793