When California voters passed Proposition 64 in 2016, they did far more than legalize recreational marijuana. This historic law — officially called the Adult Use of Marijuana Act (AUMA) — completely reshaped the way the state handles cannabis possession, use, and criminal charges.
Proposition 64 changed the lives of millions of Californians. It made it legal for adults to use cannabis responsibly, reduced or eliminated many marijuana-related criminal penalties, and opened the door for people with past convictions to clear their records.
This guide explains how Proposition 64 affects criminal charges, what remains illegal, and how individuals can take advantage of the law’s reforms.
What Proposition 64 Did
Proposition 64 legalized the possession, use, and cultivation of limited amounts of cannabis for adults aged 21 and over. It also created a legal marketplace for the production, distribution, and sale of marijuana products through state licensing.
The measure did not just legalize marijuana — it redefined cannabis-related crimes and allowed people with prior convictions to benefit retroactively from the new, lighter penalties.
Legal Possession and Use
Under Proposition 64, adults in California may legally:
Possess up to 28.5 grams (about one ounce) of cannabis.
Possess up to 8 grams of concentrated cannabis, such as oils or wax.
Use cannabis in private residences or licensed consumption areas.
Grow up to six plants per household, as long as they are kept in a private, secure, and non-visible area.
Even with these changes, there are still restrictions. Using marijuana in public, driving while impaired, or possessing cannabis on federal property remain against the law. Additionally, individuals under 21 are still prohibited from possessing or using marijuana.
How Proposition 64 Changed Criminal Penalties
Before voters approved Proposition 64, marijuana offenses could lead to misdemeanor or even felony charges. The new law reduced penalties across the board, replacing most criminal sanctions with fines or civil infractions.
Here’s how the law reshaped cannabis-related offenses in California:
| Type of Conduct | Before Proposition 64 | After Proposition 64 |
|---|---|---|
| Possession of small amounts | Misdemeanor offense | Legal for adults 21+ |
| Possession of more than 28.5 grams | Felony or misdemeanor | Misdemeanor (fine up to $500 or 6 months jail) |
| Sale or transport without a license | Felony | Misdemeanor for most cases |
| Personal cultivation | Felony | Legal up to 6 plants per household |
| Underage possession or use | Criminal offense | Infraction with education or community service |
These adjustments were designed to reduce unnecessary arrests and allow law enforcement to focus on more serious crimes.
Record Expungement and Retroactive Relief
One of the most transformative parts of Proposition 64 is its retroactive application.
People who were convicted of cannabis crimes before the law passed can petition to have their records changed. Depending on the offense, this can mean a reduction from a felony to a misdemeanor or infraction — or complete expungement of the conviction.
In 2018, the state legislature made the process easier by passing Assembly Bill 1793, which required the California Department of Justice to automatically review and clear eligible marijuana convictions. As a result, tens of thousands of Californians have since had their criminal records updated or dismissed.
Having a clean record can remove barriers to employment, housing, education, and professional licensing — making this one of the most beneficial outcomes of Proposition 64.
Impact on Juveniles and Young Adults
Although adults can legally possess and use marijuana, people under 21 still face penalties. However, instead of criminal charges, Proposition 64 created civil infractions for minors.
For example, a person under 18 caught with a small amount of marijuana will not be jailed or given a criminal record. Instead, they may be required to attend drug education or counseling and complete community service.
This approach emphasizes education and rehabilitation over punishment, reflecting California’s move toward more equitable criminal justice policies.
When Cannabis Can Still Lead to Criminal Charges
Despite legalization, marijuana use can still lead to arrest or prosecution in certain circumstances. Proposition 64 does not protect individuals who break other laws related to cannabis.
Common scenarios that can still result in criminal charges include:
Unlicensed sales or distribution: Selling or transporting marijuana without a state license is still illegal and can result in misdemeanor or felony charges, depending on the case.
Driving under the influence: It remains a crime to drive while impaired by cannabis under California Vehicle Code §23152(f).
Possession by minors: Anyone under 21 in possession of cannabis can face citations or fines.
Cultivating more than six plants: Growing large amounts of marijuana without a proper license can lead to prosecution.
Cannabis on federal land: Marijuana possession is still a federal offense, even within California.
Understanding these exceptions helps prevent legal trouble while using or working with cannabis responsibly.
How to Clear a Past Marijuana Conviction
For anyone with a prior marijuana-related conviction, Proposition 64 provides real opportunities for relief. Here’s how the process generally works:
Eligibility:
Most convictions for possession, personal use, or small-scale cultivation now qualify for reduction or dismissal.
Petitioning the Court:
If your record has not yet been automatically reviewed, you can file a petition for resentencing or dismissal in the county where the conviction occurred. The court then reviews the case under the updated cannabis laws.
Outcome:
If eligible, the court may reduce the charge, dismiss the conviction, or completely seal the record. Once the case is cleared, it no longer appears on most background checks, restoring rights and opportunities.
Broader Effects of Proposition 64
Beyond its impact on criminal law, Proposition 64 has reshaped California’s economy and justice system in several ways:
Criminal Justice Reform
The law reduced incarceration rates for low-level drug offenses and addressed decades of racial disparities in marijuana arrests. Thousands of people have since had old records erased.
Economic Growth
The legal cannabis industry has become a multi-billion-dollar sector, generating significant tax revenue for public programs. These funds support schools, youth initiatives, and law enforcement training.
Law Enforcement Efficiency
By eliminating penalties for minor marijuana offenses, law enforcement agencies have been able to focus resources on more serious crimes, improving public safety overall.
Ongoing Challenges and Legal Complexities
While Proposition 64 achieved major reform, the transition has not been perfect.
Some of the ongoing challenges include:
Uneven implementation: Some counties processed record expungements faster than others.
Tax burden: High cannabis taxes make it hard for small growers and retailers to compete, keeping parts of the black market active.
Federal conflict: Marijuana remains illegal at the federal level, causing confusion for businesses and consumers.
Local restrictions: Cities and counties can still regulate or ban cannabis businesses, creating inconsistent access across the state.
These issues continue to evolve as California refines its approach to cannabis regulation.
Conclusion
Proposition 64 marked a turning point for California. It not only legalized adult use of cannabis but also brought long-overdue justice reforms by reducing penalties, clearing old convictions, and creating a safer, regulated marketplace. For many Californians, it has meant a second chance — freedom from outdated convictions and the ability to fully participate in society again. Still, the law is complex, and violations can carry serious consequences. Anyone facing a cannabis-related charge or seeking to clear a record should consult a qualified attorney. Understanding the rights and responsibilities under Proposition 64 helps individuals stay compliant, protect themselves legally, and make informed decisions in this new era of cannabis legalization.
