Mara Elliott and Shirley Weber
City Atty. Mara Elliott (left) with Assemblymember Shirley Weber at Wednesday’s announcement. Courtesy of Elliott’s office

San Diego City Attorney Mara Elliott announced Wednesday her office will dismiss of thousands of low-level marijuana cases prosecuted under laws that are no longer on the books.

She said the first motion to dismiss roughly 30 convictions was filed Wednesday, and additional motions will be filed on a regular and ongoing basis.

More than 5,000 misdemeanors and infractions from 2009 through 2018 and thousands more before that time period are under review. Charges will be systematically dismissed to clear conviction records for acts that are no longer criminal.

“Marijuana convictions under obsolete laws should not stand in the way of anyone’s future,” Elliott said. “A clean record will make it easier for thousands of otherwise law-abiding citizens to obtain jobs and housing and fully participate in their communities. They should not be held back for activities that are now legal in the eyes of the courts, the state Legislature, and the voters of California.”

The action implements Assembly Bill 1793, which tasks prosecutors with reviewing convictions that are potentially eligible for dismissal or reduction under Proposition 64, which legalized adult use of marijuana in California.

Cases eligible for dismissal include convictions for:

  • Possession of 28.5 grams or less of marijuana
  • Possession of 8 grams or less of concentrated cannabis

Chris Jennewein

Chris Jennewein is Editor & Publisher of Times of San Diego.