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CA Department of Insurance
CA Department of Insurance
CA Department of Insurance

Information for Producer License Applicants Regarding Proposition 64, the "Adult Use of Marijuana Act"

Proposition 64, commonly known as the “Adult Use of Marijuana Act,” was approved by California voters in November 2016 and may impact producer license applicants with certain cannabis-related convictions.
 
Proposition 64 permits an individual previously convicted of specified cannabis-related offenses to petition a court: 
  • To reduce a conviction or sentence, referred to as redesignation.
  • To have the prior conviction dismissed and sealed if the offense is no longer deemed a crime under current law.

Some courts have acted independently to reduce or dismiss eligible cannabis-related convictions under Proposition 64, but many individuals have not yet received formal relief from a court.

Although the authority to grant reduction or dismissal of an eligible cannabis-related conviction lies exclusively with the courts, Commissioner Lara has directed the Department’s staff to use existing authority to carefully consider whether an applicant’s prior convictions fall under the provisions of Proposition 64 when reviewing applications for an agent, broker, adjuster or other license regulated by the Department. Prior to the passage of Proposition 64, individuals with a cannabis-related conviction may have been denied an agent or broker license.

Under Commissioner Lara’s directive, these individuals will be carefully considered for licensure consistent with the goals of Proposition 64, even if the court has not yet granted formal reduction or dismissal of the conviction. This action, effective immediately, will serve to clear career obstacles for individuals applying to become an agent, broker, or other licensee regulated by the Department whose past convictions are eligible to be dismissed or reduced under the current law.

More information concerning Proposition 64 and the process for reduction or dismissal of a conviction by a court is available at the California Courts website.

For producer licensing background questions, you may contact the Producer Licensing Bureau’s Background Section.

Commissioner's Press Release