California criminal law has shifted hard toward treatment and dismissal over the last decade. A handful of reforms reshaped how misdemeanor cases are defended.
Knowing which ones apply to your case can be the difference between a conviction and a clean record.
Proposition 47 (2014)
Prop 47 reclassified most low-level theft and drug possession from felonies to misdemeanors. It is why petty theft, simple drug possession, and shoplifting under $950 are misdemeanors today — and it created a resentencing path for old felony convictions.
Proposition 64 (2016)
Prop 64 legalized personal adult cannabis use. Most conduct that used to be a crime is now legal, and HS 11357 now reaches only narrow situations. It also allows people with old cannabis convictions to have them reduced or dismissed.
Diversion & Humphrey (2021)
Two 2021 changes shifted the ground. judicial diversion (PC 1001.95) gave judges the power to divert most misdemeanors — over the DA’s objection — and dismiss them on completion. And In re Humphrey held that courts must consider a defendant’s ability to pay before setting cash bail, making unaffordable bail much harder to impose.
Proposition 36 (2024)
The pendulum swung partway back. Prop 36 (2024) increased penalties for certain repeat theft and drug offenses and created a ‘treatment-mandated felony’ option for some drug cases. It is a reminder that the reforms have limits — and that where your case falls in this shifting landscape shapes the strategy.
Frequently Asked Questions
What did Proposition 47 change in California?
Proposition 47 (2014) reclassified most low-level theft and drug-possession offenses from felonies to misdemeanors — including petty theft, shoplifting under $950, and simple drug possession — and created a resentencing path for older felony convictions.
Is cannabis legal in California after Proposition 64?
Yes, for adults 21 and older, who may lawfully possess up to 28.5 grams. Proposition 64 (2016) legalized personal adult use, so HS 11357 now reaches only narrow situations, and old cannabis convictions can often be reduced or dismissed.
What did Proposition 36 change in 2024?
Proposition 36 (2024) increased penalties for certain repeat theft and drug offenses and created a treatment-mandated felony option for some drug cases — partially rolling back earlier reductions for repeat offenders.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com