California has led the nation in embracing the medical and recreational
use of marijuana. Following the state’s historic passing of Prop
215 in 1996, which was the first statewide medical marijuana initiative
to pass in the U.S., California voters have continually shown their support
for rolling back draconian marijuana
drug crime laws that originated from America’s War on Drugs. Over the years,
various measures and laws have been passed to decriminalize and even legalize
marijuana in the state of California.
With the recent passing of Proposition 64 in November of 2016, recreational
marijuana use by adults is now legal. This means that adults who possess
a personal amount of marijuana won’t be charged with any crime or
infraction, which was the previous standard set under older laws and under
decriminalization efforts associated with Prop 47.
What are My Rights Under Prop 47?
When it comes to marijuana possession and Prop 64, it is important to know
that the law doesn’t mean an individual can possess as much marijuana
as they want or use marijuana wherever they wish. Here are the changes
and thresholds under the new law:
- Adults over the age of 21 can possess up to one ounce of marijuana, or
up to 8 grams of concentrated THC.
- Adults 21 and over can cultivate up to 6 marijuana plants per residence
for personal use.
- Reduced penalties in most cases not involving possession – including
illegal cultivation, possession for sale, sales, and transportation of
marijuana – from felonies to misdemeanors.
- Permits individuals convicted of marijuana offenses before Prop 64 took
effect to have their criminal records changed.
There are stipulations and exceptions to California’s legalization
of marijuana, but for the most part, adults over 21 who possess a personal
amount of marijuana will not face criminal charges. Keep in mind that
even though recreational use of marijuana is legal, there are still ways
you can get in trouble with the law for a marijuana-related offense, including:
- Driving under the influence of marijuana
- Juveniles and adults under the age of 21 who possess marijuana
- Illegal cultivation, sales, or transportation of marijuana
- Smoking or consuming marijuana in a public place or while driving
- Possession of marijuana on school grounds
- Possession of an open marijuana container while in a motor vehicle
Seeking Counsel? Contact Our Fullerton Drug Crime Attorney
At The Law Offices of Jacqueline Goodman, our Orange County criminal defense
lawyer and support staff believe California’s approach is a healthy,
working alternative to oppressive laws that harshly and unfairly punished
marijuana offenders throughout the years. We want to remind everyone who
enjoys marijuana to do so safely and in accordance with the new laws.
We are also available to help anyone who does find themselves facing charges
for a marijuana-related offense, including marijuana
DUI, as well as individuals who wish to change their criminal records for
a marijuana conviction that would be different under current law.
To speak with Attorney Jacqueline Goodman during a free consultation,
contact us today.