District Attornery To Reduce, Dissmiss Past Marijuana Convictions

Press release from the County of Santa Cruz Office of the District Attorney:

June 25, 2020

Santa Cruz County District Attorney Jeffrey S. Rosell announced today that in recognition of the undue burden that prior marijuana convictions can have on people’s lives has petitioned the Santa Cruz County Superior Court to reduce, dismiss and seal 1,169 marijuana cases involving 1,085 defendants pursuant to Proposition 64 and Assembly Bill 1793.

In November of 2016, California voters passed Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act. Proposition 64 legalized the recreational use of marijuana for adults; created a system for regulating non-medical marijuana businesses; imposed taxes on the sale of marijuana; and changed the penalties for marijuana-related crimes. Prop 64 also permitted individuals who had previously been convicted of qualifying marijuana-related crimes that became lesser offenses, or non- crimes, to petition the court for resentencing, dismissal and sealing, or re-designation. Proposition 64 passed in Santa Cruz County with nearly 70% approval.
With the legalization of marijuana in California, the District Attorney’s Office recognized that a fundamental unfairness exists for people who are suffering the consequences of a criminal conviction for conduct that is currently legal. For many people, especially in communities hit hardest from the “war on drugs”, these old arrests and convictions, in some cases for minor amounts of marijuana, still haunt members of our community as they fill out job applications or apply for housing or other benefits. This inequity needed to be remedied.

During the past year, the Santa Cruz County District Attorney’s Office worked with the California Department of Justice, the Santa Cruz County Probation Department, and the Santa Cruz County Superior Court to identify all cases that qualify for relief. After a thorough review, the District Attorney’s Office has elected to petition the court to dismiss all qualifying marijuana convictions dating back to 1969.

“Our office recognized the undue burden that these prior convictions can have on people’s livelihood, both past and present. The decision to dismiss these cases provides much-needed relief to the non-violent people caught up in the ‘war on drugs’ and level the playing field for people convicted of crimes that are no longer crimes.” said Rosell.

This press release was produced by the County of Santa Cruz Office of the District Attorney. The views expressed here are the author's own.