California voters passed Proposition 47 in November 2014, and it changed how state law classifies and punishes a significant range of drug possession and property crime offenses. For people facing charges today and those with older convictions, understanding what Prop 47 covers can make a meaningful difference in how a case resolves and in the options available to clear a past record.
A knowledgeable criminal defense attorney who evaluates Prop 47 applicability from the start of every case identifies options that change the entire direction of the defense. Here is what the law actually covers and what it means in practice.
What Proposition 47 Actually Did
Proposition 47, formally titled the Safe Neighborhoods and Schools Act, reclassified certain low-level drug and property crimes from felonies or wobblers to straight misdemeanors. Wobblers are offenses that could be charged as either a felony or a misdemeanor, depending on the circumstances, and Prop 47 removed that discretion for covered offenses.
That reclassification affected sentencing exposure, diversion eligibility, and long-term record consequences for large numbers of Californians. Misdemeanor convictions carry a maximum of one year in county jail. Felony convictions can mean state prison time, a strike under California's Three Strikes Law, which can double penalties for future felony convictions, and, with a third strike, 25 years to life, as well as broader consequences for employment, housing, and civil rights.
Drug Offenses Covered by Proposition 47
Proposition 47 reclassified simple possession of most controlled substances as a misdemeanor. Health and Safety Code 11350 covers possession of controlled substances, including heroin, cocaine, and prescription drugs, without a valid prescription. Health and Safety Code 11357 covers possession of cannabis. Health and Safety Code 11377 covers possession of methamphetamine and other stimulants.
Simple possession means personal-use amounts held for the defendant's own consumption, not for sale or distribution. Possession-for-sale charges under HS 11351, 11359, and related statutes are not covered by Prop 47 and remain felony offenses. If you are facing a sales charge, the Prop 47 reclassification of misdemeanors does not apply.
Property Offenses Covered by Proposition 47
Beyond drug charges, Prop 47 also reclassified certain theft and property crimes as misdemeanors where the value of the property involved is under $950. Petty theft under Penal Code 484, receiving stolen property under Penal Code 496, forgery under Penal Code 470 involving checks or similar documents, and check fraud under Penal Code 476a are all covered when the amounts fall below that threshold.
Proposition 47 also created shoplifting under Penal Code 459.5 as a distinct misdemeanor for commercial burglaries involving property valued under $950. These reclassifications affect how theft and property cases in San Bernardino County are charged and sentenced, particularly for defendants with no prior criminal record.
What Proposition 47 Does Not Cover
Proposition 47's reclassification has clear limits. It does not apply to possession with intent to sell charges, drug transportation, manufacturing, or distribution offenses, theft, or property crimes involving amounts over $950, or to defendants with prior convictions for certain serious or violent felonies listed in the statute. Sex offense registration requirements under Penal Code 290 are also unaffected.
Knowing whether a specific charge falls within or outside Prop 47's scope is the starting point for understanding actual exposure in any case.
Retroactive Relief: Reducing Older Felony Convictions
Proposition 47 was not only forward-looking. It created a resentencing provision for people already serving a sentence for a covered offense at the time the law passed, and a petition process for people with older convictions who had already completed their sentence.
Under this provision, a person convicted of a felony offense that Prop 47 reclassified as a misdemeanor may petition the court to have that conviction redesignated as a misdemeanor. This can affect background check results, restore certain civil rights, and open the door to expungement. If you have an older drug or theft conviction in San Bernardino County that may qualify, the specific conviction can be reviewed to assess whether resentencing or reclassification is available.
How Proposition 47 Interacts With Diversion Programs
For defendants currently facing drug possession charges, Prop 47's misdemeanor classification makes diversion pathways more accessible. PC 1000 drug diversion applies to misdemeanor possession charges and can result in full dismissal for first-time eligible defendants.
Where mental health or military diversion programs apply, the classification of the underlying offense as a misdemeanor versus a felony affects eligibility and the court's public safety analysis. The interplay between the specific charge, Prop 47's applicability, and available diversion programs is evaluated at the start of every case.
What This Means If You Are Facing Charges in San Bernardino Right Now
If you are facing a drug possession charge in San Bernardino County, Proposition 47 likely means the maximum exposure is a misdemeanor rather than a felony. That does not mean the case resolves without effort since prosecutors still pursue misdemeanor convictions, and a misdemeanor conviction carries real consequences for employment, housing, and future legal proceedings.
What it means is that the available pathways, including diversion, negotiated resolution, and, in some cases, dismissal, are more accessible than they were a decade ago. Tammy Higgins has been licensed with the California State Bar since 2006 with no disciplinary actions, is death penalty qualified in California, and has tried over 100 criminal jury trials to verdict. The firm carries a 4.9-star rating across 77 Google reviews. Contact us for a free confidential consultation available 24/7 at (949) 226-7602.
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