DA O’Malley’s Ongoing Efforts & Policy Regarding Dismissal of Cannabis-Related Criminal Convictions

On November 8, 2016, California voters passed Proposition 64, the Medicinal and Adult-Use Cannabis Regulation and Safety Act. The Act legalizes adult use Cannabis as well and establishes regulations that will control and oversee the industry. The Act further establishes protocols for redesignating, dismissing and sealing old convictions for Health & Safety Code Sections 11357, 11358, 11359 and 11360. The Alameda County District Attorney’s Office immediately established a policy, protocol, and a process to redesignate and dismiss prior cannabis-related convictions.

Since that time, the DA’s Office has consistently handled a steady flow of petitions to dismiss cannabis related felony and misdemeanor convictions for Health & Safety Code Sections 11357, 11359 and 11360. This effort began with the implementation of California’s new cannabis laws, and DA staff have been handling these petitions on a weekly basis.

“California is offering a second chance to people convicted of cannabis crimes, from felonies to small infractions, with the opportunity to have their criminal records cleared,” says DA O’Malley.

“We join our State officials and intend to reverse decades of cannabis convictions that can be a barrier for people to gain meaningful employment.”

From November 2016 through December 31, 2017, 609 petitions have been calendared and granted in Alameda County Superior Court. The DA’s Office has identified approximately 5,900 cases that are eligible for dismissal, of which the DA’s Office has identified 5,000 individuals who suffered those convictions. The DA’s Office continues to identify the remaining individuals who fall within the law. The DA’s Office is continuing to initiate actions to dismiss the remaining convictions. To the extent possible, the individuals will be notified by mail.

The DA's Office has established a protocol for handling these matters.

Call to Action

The Call To Action is to those individuals who believe they are eligible to have their prior marijuana case(s) reviewed for redesignation, dismissal, and/or sealing under the Adult-Use Cannabis Regulation and Safety Act.

Please contact the DA's Office to expedite the process of review and action by emailing us at: CannabisDismissal@acgov.org. Staff from the DA’s Office will contact you.

Posted on Feb 20, 2018