Santa Cruz County residents should be aware of three changes in California criminal law that took effect on January 1, 2019. These changes affect people with past marijuana convictions, juvenile offenders under age 16, and DUI offenders.

Past Marijuana Sentences Will Be Dismissed or Reduced

The Adult Use of Marijuana Act (AUMA), which took effect on November 9, 2016, decriminalized or downgraded many marijuana-related offenses. AUMA specifically authorized application of the new, more lenient criminal laws retroactively. AB-1793, “Cannabis convictions: resentencing,” directs the California Department of Justice to identify all old cases where a person was convicted of a marijuana offense that is no longer a crime or has been downgraded in severity. 

Minor offenses will be marked for expungement, which completely clears the offense from a person’s criminal record. For crimes which have been downgraded (e.g., from a felony to a misdemeanor), sentences will be reduced appropriately. If no objection from prosecutors is received by July 2020, these changes will automatically be made. This law relieves individuals from the burden of having to file a court petition to request expungement or resentencing. 

By John W. Thornton

Marijuana is now legal in California, but subject to a lot of rules. For the ordinary fan of weed, or someone who has loved ones or friends who partake, this is a large step towards keeping them being labeled a criminal for doing something that endangers a bag of Cheetos more than the user, the public, or the neighbor’s dog. 

But what about those folks who have marijuana-related convictions on their records? Well, a lot can be done for many of those folks. Were you caught growing years ago and are considered a felon? Did you sell a bag of bud and get caught? Did you get pulled over in a car with a few pounds and suffered a felony for transportation? One aspect of this new law allows such felons to change those felonies into misdemeanors. One treatise going around summarizes this aspect of the law as follows:

This is a decision that is likely to have many far-reaching effects. The United States Supreme Court decision came in the case Navarette vs California. The case is related to the California Highway Patrol’s decision to pull over a pickup truck based on an anonymous tip.

The California Highway Patrol was alerted to the silver Ford F-150 Pickup via an anonymous tip which informed officers that a truck had just run another car off the road. The officers found the F-150 pickup exactly where the anonymous tip had informed the officers it would be. They followed the truck for some time, but did not notice any illegal or suspicious activity. However, they still pulled the truck over, and searched it. They found a stash of marijuana in the truck, and he was arrested.

The cops say that they smelled marijuana near the truck, and then decided to search the truck. What is disturbing is that this entire search of the truck was based on an anonymous tip. There was nothing that the truck driver did to arouse suspicion in the officers. He was driving at a reasonable speed, and was not driving recklessly or dangerously. He was not veering lanes, and there was no reason to suspect that he was driving in an impaired condition. The officers had pulled him over based on an anonymous tip, claiming that he had run another car off the road.

Law enforcement arrived at the residence after police suspected a Fairfield couple of marijuana crimes. Police in Vacaville, California claim that law enforcement saw activity that officers believe may have been some kind of marijuana transaction. The married couple drove away after the alleged pot deal. However, authorities say that they obtained a search warrant. Officers apparently found the married couple in Modesto January 31 and searched their car.

Authorities say that 50 pounds of processed marijuana was discovered, along with a handgun. After the car search, officials went to Fairfield to raid the couple's home. Officers say that they found more pot at the residence, along with other items that were seized.

Following the raid in Fairfield, Vacaville police expanded their probe and obtained warrants to search two more homes in Vallejo. It is not clear from the media what led authorities to suspect contraband may have been present in the Vallejo homes. Law enforcement says indoor marijuana grows were discovered at the Vallejo locations. No arrests were made at those homes.

A 62-year-old Chico man was arrested in October 2010 after a traffic stop near Tahoma, California. Police claim they discovered 103 pounds of processed pot in the man's vehicle during the traffic stop. The man reportedly was en route to a South Lake Tahoe pot cooperative. The man argued that he was in full compliance with California's medical marijuana laws at the time of the October arrest.

Before any ruling was made in the court proceedings in El Dorado County, prosecutors reportedly dropped the charges against the accused, but that may not be for long. Officials claim the man was involved in a pot growing operation in Butte County. The El Dorado marijuana charges reportedly were dropped pending the outcome of separate charges in Butte County.

After the original arrest, El Dorado County officials say they served a search warrant at the man's residence near Chico. Law enforcement claims they seized 295 pounds of marijuana and 62 plants during the search.