Reductions

The following offenses can be reduced under HSC113681.8. The following assume a defendant 21 years of age or older and no disqualifying conviction such as PC290(c) registration or super-strike priors.

Reduction to Infractions


  • HSC11358 of fewer than 6 plants for personal use but (1) visible to public or (2) not in locked space (Under HSC11362.2(a)/HSC11362.4(e))
  • HSC11358 of more than 6 plants by someone under 18 (Under HSC11358(a))
  • HSC11358 of more than 6 plants by someone over 18 but under 21 (Under HSC11358(b))

Reduction to Misdemeanors


  • HSC11358 of more than 6 plants by an adult (Under HSC11358(c))
    • n.b. This is a priorable offense. Third or subsequent conviction of HSC11358(c) could be a 16-2-3 county jail felony.
  • HSC11359 (6-month misdemeanor under HSC11359(b))
    • n.b. This is a priorable offense. Third or subsequent conviction of HSC11359(b) could be a 16-2-3 county jail felony.
  • HSC11360 for transport for sale or giving away >28.5g of marijuana or >8g of concentrated cannabis (6-month misdemeanor under HSC11360(a)(2))
    • n.b. This is a priorable offense. Third or subsequent conviction of HSC11360(a)(2) could be a 2-3-4 county jail felony.
  • HSC11360 for sales (6-month misdemeanor under HSC11360(a)(2))
    • n.b. This is a priorable offense. Third or subsequent conviction of HSC11359(a)(2) could be a 2-3-4 county jail felony.

No Reductions or Dismissals


  • HSC11357(c) of possession of more than 28.5 grams of marijuana (Still a 6-month misdemeanor under HSC11357(b)(2))
  • HSC11357(a) of possession of more than 8 grams of concentrated cannabis (From 1-year to 6-month misdemeanor under HSC11357(b)(2))
    • HSC11357(a) was made a one-year misdemeanor by Prop 47. Before that, it was a 16-2-3 wobbler. A reduction from felony to misdemeanor under Prop 47 will not restore gun rights. A reduction from felony to misdemeanor under Prop 64 will restore gun rights.
  • HSC11361(a) (No change in law)
  • HSC11361(b) (No change in law)
  • HSC11366 (No change in law)
  • HSC11366.5 (No change in law)
  • HSC11379.6 (No change in law)

Unknown Relief


HSC11360 for transportation for personal use but more than 28.5g of marijuana or more than 8g of concentrated cannabis.