In recent years, many states have taken steps to reform the ways in which they prosecute and handle drug-related offenses. When California passed Proposition 47, which took effect in early November of 2014, several amendments to the existing statutory provisions impacted drug possession offenses. Also called “The Safe Neighborhood and Schools Act,” Proposition 47 reduced certain theft and drug possession offenses from felonies to misdemeanors. Additionally, defendants currently serving sentences for felony drug or theft offenses that are now considered misdemeanor crimes have the right to petition the court for resentencing. Although the amendments enacted by Proposition 47 have been in effect for nearly ten years, many people still have questions about these matters. Whether you are currently facing drug possession charges in Los Angeles County or you are interested in petitioning the court for resentencing or reclassification relief, you should enlist the help of an experienced and trusted criminal defense attorney to support you at every step of the legal process. Your attorney will assess the details of your case to identify the most strategic path forward to keep your future as bright as possible. This post will explore how Proposition 47 changed California’s approach to drug possession offenses and the steps you can take to petition the court for reclassification or resentencing under the amended legal guidelines.
Why California Passed Proposition 47
Before California passed Proposition 47, a high number of low-level drug offenders were serving jail or prison sentences for possession crimes. Advocates for criminal justice reform wanted to redirect financial resources from drug-related incarceration spending to investing in prevention and support programs in K-12 schools and other mental health and drug treatment services. The stated purpose of Proposition 47 is to “ensure that prison spending is focused on violent and serious offenses, to maximize alternatives for non-serious, nonviolent crime, and to invest the savings generated from Proposition 47 into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment.” Essentially, Proposition 47 aims to use incarceration only for those convicted of dangerous and violent crimes (i.e., murder, rape, child abuse, etc.) and to provide treatment options and support for those convicted of drug possession charges.
The Three Changes to California Felony Sentencing Laws
With the passing of Proposition 47, California approved amendments to several statutory provisions in order to implement three substantial changes to felony sentencing laws. First, certain theft and drug possession offenses were reduced from felonies to misdemeanors, except for those with previous convictions. Second, individuals who are already serving sentences for felony offenses may petition the court for resentencing under the new misdemeanor provisions. Third, those who have already completed their sentences for felony convictions that now qualify as misdemeanors under the proposition have the right to apply for the reclassification of these convictions to misdemeanors. However, certain individuals may not qualify for relief under Proposition 47, including those with one or more prior convictions for certain violent offenses or those convicted of a sex offense crime requiring registration as a sex offender.
Drug Possession Offenses Under Proposition 47
The passing of Proposition 47 reclassified simple drug possession offenses from felony or wobbler offenses to strictly misdemeanor offenses. Under the amended Health and Safety Code, possessing a small amount of a controlled substance, such as heroin, cocaine, or prescription opioids (without a valid prescription), is considered a misdemeanor crime, punishable by up to one year in county jail. However, most judges sentence first-time offenders to drug diversion programs, where the defendant can receive counseling, addiction support, and other treatment services that intend to help them rather than punish them. If you are facing a simple possession charge in Los Angeles County, working with a dedicated and skilled criminal defense attorney is the best way to maximize your chances of obtaining the most favorable outcome possible.
Proposition 47’s Reclassification Implications
Under Proposition 47, defendants either currently serving a felony sentence or who have completed the terms of their sentence may petition the court to be “resentenced” or “reclassified” as misdemeanor offenders. When the proposition was originally passed, it provided a deadline of November 4, 2022, after which petitioners were no longer allowed to seek a resentencing or reclassification request with the court. However, the original text still acknowledged that petitions were still allowed to be made “at a later date upon a showing of good cause.” The text of the proposition does not provide a definition for what constitutes “good cause.” So, even though the official deadline expired in 2022, you may still be eligible to petition the court for reclassification or resentencing relief under Proposition 47 upon a showing of “good cause” for the delay. Moreover, California legislators are working to approve a bill that eliminates the deadline for good. So far, the California Senate has approved SB 749, but it still must be approved by the state assembly and be signed into law by the governor. For now, those interested in filing a reclassification or resentencing petition should reach out to a knowledgeable Los Angeles County criminal defense attorney to discuss their best options.
Contact a Trusted Criminal Defense Lawyer Today
Facing a criminal charge of any kind can be overwhelming and intimidating, especially for first-time offenders. If you have been arrested for drug possession in Los Angeles County, now is not the time to leave your future in the hands of chance. Instead, reach out to a skilled and experienced criminal defense attorney right away to understand your legal rights and options. Your attorney will identify the most effective legal strategy to keep your future as bright as possible. Even if you have already served the terms of your sentence, you have the right to petition the court for reclassification, which can improve your quality of life and widen your employment opportunities considerably. Whatever your specific needs and goals may be, you can trust that your criminal defense lawyer will work hard to support and protect your best interests at every turn.
If law enforcement has arrested you for a drug-related offense in Los Angeles County, you need reliable and aggressive legal defense services right away. Call Wegman & Levin immediately at (818) 980-4000 to schedule a free consultation with a skilled and experienced criminal defense attorney.
