While much of the media coverage of Proposition 64 focused on its impacts on adults, it also substantially impacts the handling of marijuana related offenses for juveniles.

Juvenile marijuana offenses all classified as infractions

Proposition 64 does not decriminalize marijuana related offenses for minors, but it does amend existing statutes to provide that most marijuana related offenses for minors are infractions (Manufacture of concentrated cannabis under Health and Safety Code section 11379.6 remains a felony, and penalties for offenses related to driving under the influence are also unchanged by Prop. 64). In addition, it specifies the penalties that can be imposed by the courts for these infractions and they are limited to at least four hours of drug education or counseling and some amount of community service, and these are the only sanctions that can be applied to a minor found to have committed a marijuana related offense.

In California, there are more than 5.5 million drivers over the age of 55—and more than 2.5 million of them are 70 or older. While the myriad rules and regulations enforced by the California Department of Motor Vehicles (DMV) apply to drivers of all ages and stages, the state imposes some special requirements and restrictions on older drivers. California Drivers License Restriction Code 64 heavycareer.netlify.com › California Drivers License Restriction Code 64 In order to drive certain types of vehicles with a commercial driver's license (CDL), it may be necessary to add an endorsement or remove a restriction. Feb 25, 2019 California Dmv Restriction Code 64; License Rules For 16 Year Olds; The restrictions will read: 'First 12 months of licensure may not transport passengers under age 20, and may not drive between the hours of 11:00 p.m. And 5:00 a.m. Without parent/other driver as specified in § 12814.6 California Vehicle Code (CVC).' Depending on the type of a drivers license that you currently hold, certain California drivers license restrictions may apply to it. This particularly concerns drivers under the age of 18 who must observe all California provisional driver's license restrictions for at least 12 months or until they reach the age of 18, whatever comes first.

The number of hours of drug education and counseling and community service required or authorized by Proposition 64 varies based on the nature of the offense and whether it is a first offense or a subsequent offense. These pairings range from four hours of drug education and up to 10 hours of community service for a first-time possession of less than 28.5 grams to 10 hours of drug education and up to 60 hours of community service for a second or subsequent offense such as possession at school, sales, or possession with intent to sell (A chart setting forth the penalties for each offense under Proposition 64 can be found at Appendix I to the detailed memo on Proposition 64 drafted by Judge J. Richard Couzens and Justice Tricia A. Bigelow.

Drug education and counseling must be provided at no cost and be evidence based

The mandatory drug education or counseling to be ordered by the court must be provided at no charge to participants, and to be based upon “science and evidence based principles and practices specific to the use and abuse of marijuana and other controlled substances.” This provision of the new law will be challenging for the courts in the short term as evidence based programs are typically not provided at no cost, and while much of the tax revenue from the legal sale of marijuana will ultimately be dedicated to drug education, counseling, and treatment, that revenue will not be available until fiscal year 2018-19. The court is not required to order drug education if it finds that it is unnecessary for the person, or that the education is unavailable. Information about existing evidence based programs and strategies for meeting the education requirements of Proposition 64 are included below. The drug education and community service requirements have a set period in which they must be completed ranging from 60 to 120 days, with an option to extend that time period by 30 days for good cause. Proposition 64 does not specify any penalty for the failure to complete either the education or the community service requirements.

Resentencing and Redesignation of Offense Provisions Apply to Juvenile Adjudications

Proposition 64, like Proposition 47, expressly provides for the resentencing and/or redesignating of convictions whose status was changed by the proposition, and expressly provides that these provisions apply equally to delinquency adjudications and dispositions. The resentencing and redesignation provisions are set forth in newly added Health and Safety Code section 11361.8. These provisions will allow any child with a current or former marijuana related disposition to petition the court for resentencing under the new law, or to have the old offense redesignated as an infraction if it was a misdemeanor or felony previously.

Expands Destruction of Records for Juvenile Marijuana Offenses

Proposition 64 amends Health and Safety Code section 11361.5 governing the destruction of arrest and conviction records concerning marijuana offenses which currently provides for the destruction court records in simple possession cases. The amended statute does the following: (1) expands the law to make records of most marijuana related offenses (the sole exception is section 11357.5, which addresses offenses related to synthetic cannabinoids) for juveniles subject to destruction two years from the date of the conviction (or the arrest if no conviction); (2) requires that an offense occurring at a K–12 school be maintained until the offender is 18, at which time they are to be destroyed; and (3) requires the records of these offenses to also be purged from statewide criminal justice databases.

Evidence-Based Drug Education Programs

When selecting juvenile drug education programs that meet the requirements of the proposition courts need to consider some key factors in complying with the requirements of the new law. These requirements are that the program be science- or evidence-based, limited to the required hours (the minimum for a first offense is four hours), and free to the participant. The scope of this section is limited to the description of juvenile drug education best practices, including an overview of practices that have been shown to be ineffective; it will also provide limited recommendations for specific programs that may be used by the courts immediately. The information provided here should not be considered an exhaustive list of available options within all counties. There may be effective drug education programs in your county that we are unaware of. Also note that the information provided here is limited to short-term drug education programs. It is not meant to cover more intensive substance abuse treatment programs, prevention programs used in schools with a general population of students, or juvenile drug court interventions.

Evidence-Based Practices

Evidence-based practices (EBP) in the juvenile court is broadly defined as “the use of practices and programs that have been empirically tested and shown to reduce recidivism and improve outcomes among offenders” (see Judicial Council Policy Briefing: How Practices and Programs Become Evidence Based: A Review of Juvenile Justice Research (2012)).

For juvenile drug education programs, the outcomes of interest would be both reduced recidivism and the reduced use of marijuana. For more information on how practices and programs become evidence-based, please see the policy briefing referred to above for additional publications on this topic.

Effective and Ineffective Practices in Juvenile Drug and Alcohol Education/Prevention Programs

In order to have the desired effect on participants, it is important to select an education program that incorporates the methods that have been shown to be effective in reducing substance use in youth and to avoid those programs that primarily rely on unproven or ineffective practices. It should be noted that much of the research has focused on more intensive, or longer-term programs. There appears to be minimal information regarding effective, evidence-based approaches for very short-term drug education programs. However, there are some techniques and approaches that have been found to be effective and many available programs utilize at least some of these techniques.

Practices and programs that have been found to be mostly ineffective at reducing youth substance abuse include those that are education/information-only programs and those that use fear tactics or moral appeals regarding the “evils” of drug use (see e.g. Ineffectiveness of Fear Appeals in Youth Alcohol, Tobacco and Other Drug (ATOD) Prevention (2008)). Evidence-based drug education programs need to utilize effective strategies that change youth behavior, not just target knowledge or attitudes toward drug use. Programs that focus on self-esteem building and responsible decision making have also been found to be ineffective.

Some approaches that have been found to reduce substance use include cognitive behavioral training, behavioral rehearsal, resistance-skills training, family-based treatment models, mentoring, and counseling. It should be noted that many of the model programs for substance abuse prevention in teens go beyond the scope of the requirements of the proposition in terms of length, intensity, and program elements (e.g., some require more hours of programming, family participation, etc.).

Online Course Options

Online courses may be one option to consider when selecting a program that meets the requirements of the proposition. Research has found that some evidence-based, online programs can be an effective method for reducing youth substance use. Courses can usually be completed on a computer, tablet, or smartphone. Programs typically provide a certificate upon completion of the class.

An online course may be an ideal option for first-time offenders in that it meets the evidence-based program requirements and does not exceed the mandated number of treatment hours. Possible downsides are that none of these programs are free (some are available at a reasonable cost), few are available in languages other than English, and most require at least a 6th grade reading level or higher.

The first online program that may be a suitable option is the “Minor in Possession Class.” The certified course was created by a specialist and member of the National Association of Drug Court Professionals. The course is currently accepted in all California counties. According to the website, youth may be referred to the program through a judge, court, probation officer, or other referral method. The courses are either 4, 8, 12, or 16 hours in length. Cost for the shortest course is $25. The course focuses on both alcohol and drugs. Information on the course can be found at this website.

A second program that may meet the requirements is “Marijuana 101-JV.” This is a four-hour, evidence-based online intervention course used as a sanction for teens 16 and younger charged with an underage drug violation. Course topics include marijuana dependence, effects of marijuana, mental health issues, synthetic marijuana, local laws and legalization issues, and legal penalties associated with use. Students receive a confidential, personalized feedback profile that summarizes marijuana-related use and negative consequences, compares individual use with social norms, challenges personal expectations, and provides a range of strategies to quit. The course also can be supplemented with four intervention follow-ups. The site provides a list of program features and benefits for the courts. More information on this online program can be found here.

Other online courses are available through other providers. However, most are more expensive than the options listed above and not all are evidence-based in content. Any program selected should be carefully screened to determine whether it meets the criteria and is appropriate for the youth in question.

In-person Drug Education and Counseling Programs

Courts may also consider the use of local programs that are offered through probation, community-based organizations, schools, youth courts, or juvenile drug courts, should those programs meet the required parameters of service hours, cost, and evidence-based curriculum. Some available programs may be too intensive or involve more hours of treatment than needed and may be more costly than online options, or may include additional requirements such as drug testing, parental participation, etc.

School-based programs that have been found to be effective in reducing youth drug use include Life Skills Training (LST) and Project Towards No Drug Abuse (Project TND). These programs include drug education components and utilize a number of evidence-based methods and techniques. Both involve more treatment hours than required by the legislation. However, Project TND may be worth considering for more serious or repeat offenders, as it is approximately 12 hours of programming and targets higher risk youth. The program is available in some California counties.

There are additional community-based programs across the state that may also meet the requirements of the proposition. As mentioned previously, many of these programs may exceed the mandated number of treatment hours or provide more intensive services than required. However, it may still be useful to consider these programs in some cases. These programs are only being offered as examples of what may be available across the state, not as specific program endorsements.

Orange County’s juvenile diversion program offers a 6-hour drug and alcohol education workshop for juveniles and their parents. There is a fee for the program, but it is based on the ability to pay. According to the program description, the groups teach problem-solving and decisionmaking skills, and help youth become aware of their behavior patterns and the consequences of drug use.

Another program that is available in Los Angeles County is Juvenile Alcohol and Drug Education (JADE). The course involves approximately nine hours of instruction and is for minors between the ages of 12 and 17. Parental participation and youth drug testing are required.

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COVID-19 Effects on Licensing Services

In response to the COVID-19 pandemic, state DMVs nationwide have closed driver licensing offices, extended license and registration expiration dates, and/or limited the transactions they are processing. Residents are strongly encouraged to use the DMV's online services. Follow the DMV's recent updates for the latest information.

Applying for a California Driver's License

How to get a driver's license with the California Department of Motor Vehicles (DMV):

• Visit your local CA DMV office.
• Complete a Driver License or Identification Card Application.
• Provide proof of your identity, Social Security Number, and residency.
• Pay the $37 driver's license fee.
• Pass the written test.
• Pass the road test.
• For more details on the California licensing requirements, please see below.

California residents who cannot provide proof of legal presence in the U.S. are now able to get a CA driver's license. Please visit our CA AB-60 Law page for regulations and required documents for an AB 60 license.

New to California?

Find all the information you need to finish your moving requirements with the DMV.

You must apply for a California driver license within 10 days of establishing residency in the state.

Residency is generally established when you take part in situations or benefits generally not extended to nonresidents, such as:

“Apply for Your CA License' below (including taking the written exam).


Note, however, that the California DMV will most likely waive your driving exam if you already hold a license* UNLESS your license is from another country (see our section on non-citizens below).

If you've never been licensed before, you will be given a permit once you pass your written permit test so you can practice driving before your driving test.

If you've been licensed before, skip the learner's permit section.

* Waived driving exams are at the discretion of the California DMV, so be prepared to take one if they ask you to.

Types of California Driver's Licenses

California has the following full, noncommercial driver's licenses:

• Class C:
  • The Class C license allows you to drive regular, noncommercial passenger cars and trucks.
• Noncommercial Class A:
  • The Noncommercial Class A license covers not-for-hire travel trailers weighing more than 10,000 lbs, fifth-wheel travel trailers weighing more than 15,000 lbs, and livestock trailers weighing more than 10,000 lbs but no more than 15,000 lbs.
• Noncommercial Class B:
  • You can drive a house car (RV or motor home) up to 45 feet (no longer).

If you need another type of license, check out the following pages:

• Teen Drivers
  • Covers CA's GDL process, including Driver's Ed requirements, provisional permits, and provisional licenses.
• Motorcycles
  • CA offers M1 and M2 licenses for motorcyclists.
• Commercial Vehicles
  • Find out how to get your Class A, B, and C commercial driver license (CDL), as well as how to add endorsements.

California Driver's License Requirements

CA REAL ID License Update

The California DMV has begun issuing federally-compliant REAL ID driver’s licenses in addition to standard non-compliant driver’s licenses. The REAL ID allows you to use your license for domestic travel and entry into federal and military buildings after October 1, 2021. You can choose to receive either a REAL ID or a standard driver's license—details are outlined below.

Before heading to the DMV, find out whether you need to apply for a new license.

You DO need a new California driver license if:

• You're a long-time CA resident who's never been licensed.
• You're new to California and want to:
  • Apply for a California driver's license.
  • Transfer an out-of-state license.
• You plan to operate any of the Noncommercial Class A and B vehicles described above (“Types of CA Driver Licenses').
• You have legal presence in the state and country.
  • You do not need a new California driver license if you possess a diplomatic driver license issued by the U.S. Department of State.

You do NOTneed a California driver license if:

• You're 18 years old or older and visiting CA with a valid out-of-state driver's license.
• You're an active military member or dependent stationed in California, as long as you have a valid out-of-state license and you haven't established CA residency.
• You operate farm vehicles off public highways.
• You only operate registered off-highway vehicles and snowmobiles without accessing public roads (other than crossing them.)
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Obtain a California Learner's Permit

“Apply for Your CA Driver's License' below will explain at what point during the application process you 'll receive your learner's permit.You must obtain a learner's permit before getting a full Class C or Noncommercial Class A or B license IF you've never held one of these licenses before.

Apply for Your CA Driver's License

To apply for a new California driver's license, you must not have any discrepancies such as suspensions, revocations, cancellations, or other legal matters preventing you from possessing a valid driver's license. (Learn how to check your driving record.)

Class C License

To apply for your Class C driver's license in California:

California Driver License Restrictions Codes

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• Make an appointment with your local DMV for the vision and written exams.
  • NOTE: No tests are administered after 30 minutes before closing.
• Complete the Driver License or Identification Card Application.
  • This form isn't available online. You can pick one up at the DMV or call the DMV's Automated Telephone Service at (800) 777-0133 to have one mailed to you.
• Provide proof of your Social Security number*, such as your:
  • Social Security card.
  • Military ID card.
• Provide proof of your full and true name. The CA DMV provides a list of documents, including documents that show:
  • Marriage or verification of domestic partnership formation.
  • Dissolution of marriage or domestic partnership.
  • Name change. (Must include original and new names.)
• Provide 1 document (original or certified) that proves your birth date and legal presence from the state's list of documents, which includes:
  • U.S. birth certificate.
  • U.S. passport.
• Present proof of California residency; either:
  • 2 documents for a non-compliant driver's license.
  • 2 documents for a REAL ID-compliant license (the DMV provides a list to choose from).
• Have your thumbprint taken.
• Have your photo taken.
• Pass the vision exam.
• Pay the $37 fee.
• Pass the written permit test.
  • The written exam consists of questions on traffic laws and signs. You have 3 chances to pass.

* If you're a non-citizen who's legally present but doesn't have an SSN, or you're not eligible for an SSN, you're exempt from this requirement. Learn more at “Getting a California Driver's License as a Non-Citizen' below.

At this point—and once you pass your written test— the California DMV will issue you a learner's permit (if applicable). Use this permit to practice for your driving test. You must practice with a licensed driver who holds the same class of license and is at least 18 years old.

There is no minimum time you must hold the learner's permit. If you think you're ready, you can schedule a driving test as early as the next day.

Take Your Driving Test

Now it's time to move on to your driving test:

• Make an appointment with the California DMV.
  • Appointments are mandatory for this test.
• Show up with a vehicle and:
  • Proof of registration.
  • Proof of insurance.

Note that:

• You have 3 chances to pass the driving test.
• There is no minimum waiting period between driving tests, but you must make an appointment for each one.
• The first test is included in your application fee; each test after that costs $7.

Once you pass your driving exam, you'll receive a temporary driver's license that's good for 60 days. The DMV mails your permanent license; if you don't receive it within 60 days, contact the DMV at (800) 777-0133 to check the status.

Noncommercial Class A or B License

You'll apply for a Noncommercial Class A or B license the same way you would apply for a Class C license (see above), with just a few exceptions.

• You'll complete the Commercial Driver's License Application.
  • A completed Medical Examination Report (Form MCSA-5876)
    
• Your fee is $37.

California Driver's License Restriction Code 64 0

Once you meet those requirements, the California DMV will issue your Noncommercial Class A or B permit. The same practicing restrictions apply, only your accompanying driver must have a full Noncommercial Class A or B license.

To upgrade your Noncommercial Class A or B permit to a full license:

• Make an appointment with a CDL office.
• Bring either the Noncommercial Class A or Class B vehicle with you.
• Pass the pre-trip and safety inspections.
• Pass the skills and driving exams.

After you pass, the DMV will give you an interim license until you receive your permanent driver's license in the mail. If you don't receive your permanent license in 4 weeks, contact the DMV at (800) 777-0133 to check the status.

Non-Citizens and California Driver's Licenses

You will follow the same new California driver's license application process as described above, paying close attention to:

• Your Social Security number*. The DMV might waive this if BOTH of the following apply to you:
  • You are not authorized to work in the country or are otherwise ineligible.
  • You can provide an acceptable birth date/legal presence (BD/LP) document.
• Your birth date/legal presence (BD/LP) document.
  • This document shows your birth date and legal presence in the country.
  • The DMV verifies this document with the United States Citizenship and Immigration Services (USCIS).
  • The state provides a full list of documents, but examples include:
    • Employment Authorization Card.
    • Valid I-94.
    • Temporary Resident Identification Card.

* Learn more about applying for a SSN at the Social Security Administration's Social Security number website.

Timing is a factor, too. If your BD/LP expires:

• More than 30 days from the day you apply for a driver's license, your application process will move forward normally.
• Fewer than 60 days from the day you apply for a driver's license, you can take all your tests but you won't receive a photo driver's license card until you present another BD/LP document that's valid for 60 days or more from the date of your application.

After you've met all requirements and the USCIS has verified your legal presence, you'll receive your driver's license. Your driver's license is considered a:

• Limited Term (LT) driver's license if your BD/LP expires fewer than 5 years from the date you applied for your license.
• Full driver's license if your BD/LP expires more than 5 years from the date you applied for your license.

NOTE: Again, you do not need a new California driver's license if you possess a valid diplomatic driver license from the U.S. Department of State.

Forms

MCSA-5876
Medical Examination Report
You must submit this medical form when applying for a CDL OR other special vehicle classes (e.g. school buses or farm vehicles) in CA.

This form is provided by your state's agency/department.

Please select one of the below to continue:

California Dmv License Restriction Codes

Email the link to this form