Home Department District Attorney Special Programs Proposition 64
Ron Freitas
District Attorney

Prop 64 Information: Adult Use of Marijuana Act

California Proposition 64, also known as The Adult Use of Marijuana Act, was passed by California voters on November 8, 2016. Proposition 64 reduces criminal penalties for specified marijuana-related offenses for adults and juveniles. The measure makes any felony conviction that is recalled and resentenced, or designated as a misdemeanor or infraction, a misdemeanor or infraction “for all purposes”. It now makes Health and Safety Code Section 11359 a misdemeanor crime for most adult defendants, carrying a maximum penalty of six (6) months in jail. However, Proposition 64 did not legalize every cannabis crime. In particular, it remains unlawful to possess (without a permit) over an ounce of cannabis or more than six plants and any possession of cannabis in jail or prison remains unlawful.

What does the measure do?

  • Legalizes specified personal use and cultivation of marijuana for adults 21 years of age or older
  • Reduces criminal penalties for specified marijuana-related offenses for adults and juveniles
  • Authorizes resentencing or dismissal and sealing of prior, eligible marijuana-related convictions
  • Includes provisions on regulation, licensing, and taxation of legalized use
  • Allows people 21 and older to grow up to six pot plants at home, possess up to an ounce of marijuana, and use it for recreational purposes
  • Reduces the punishment for many marijuana-related offenses
  • Proposition 64 makes any felony conviction that is recalled and resentenced, or designated as a misdemeanor or infraction, a misdemeanor or infraction “for all purposes”
  • Proposition 64 legalizes the responsible adult use of marijuana

Overall, Proposition 64 legalizes specified personal use and cultivation of marijuana for adults 21 years of age or older, reduces criminal penalties for specified marijuana-related offenses, and includes provisions on regulation, licensing, and taxation of legalized use.

To apply for a Proposition 64 Request for Case Expedition, please click on the link to the right.