Cannabis: criminal resentencing.

Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , enacted by the voters at the November 8, 2016, statewide general election, regulates the cultivation, distribution, and use of cannabis for nonmedical purposes by individuals 21 years of age and older. Under AUMA, a person 21 years of age or older may, among other things, possess, process, transport, purchase, obtain, or give away, as specified, up to 28.5 grams of cannabis and up to 8 grams of concentrated cannabis. Existing law authorizes a person to petition for the recall or dismissal of a sentence, dismissal and sealing of a conviction, or redesignation of a conviction of an offense for which a lesser offense or no offense would be imposed under AUMA. Existing law requires the Department of Justice to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA. Existing law requires the prosecution, before July 1, 2020, to review all cases and determine whether to challenge the recall or dismissal of sentence, dismissal and sealing, or redesignation. Existing law requires the court to reduce or dismiss convictions that were not challenged prior to July 1, 2020. This bill, for all cases that have been reviewed and that the prosecution has not challenged, but that have not been heard by the court before January 1, 2023, would deem the sentence to have been reduced or dismissed, as specified, as of that date. The bill would also require the court to update its records and report all cases where the sentence has been reduced or dismissed in this manner to the Department of Justice for adjustment of the state summary criminal history information database on or before July 1, 2023.