San Diego Criminal Defense Lawyer Explains California's Marijuana Legalization  Proposition 64 legalized the adult recreational use of marijuana in California. In November 2016, California joined several other states in legalizing adult recreational use of cannabis in passing Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act. The new law permits adults over 21 to possess, and even cultivate specified amounts of marijuana and marijuana concentrates for personal use. Additionally, like Proposition 47 did for felony drug possession and certain theft crimes, Proposition 64 affected sentencing of marijuana sales and cultivation charges, reducing what used to be strict felonies, mostly to misdemeanors. Prior to legalization, medical marijuana laws had been in place in California since 1996, permitting patients with valid medical marijuana recommendations to possess, consume, and cultivate cannabis for personal use. Proposition 64 does not affect California's medical marijuana laws. Though not as popular since legalization, there are still many doctors' offices which specialize is diagnosing medical conditions for which marijuana use might be beneficial. Today, medical marijuana is popular among 18-21 year olds who would need a medical recommendation to be able to lawfully possess cannabis.
HOW MUCH MARIJUANA OR CONCENTRATE MAY I POSSESS? Adults 21 and over may possess and cultivate marijuana and concentrate for personal use. Municipalities may not prohibit possession for personal use. Although there is no set amount, be advised that possession of a large quantity can still result in filing of possession for sale charges pursuant to Health and Safety code section 11359. Although now a misdemeanor, it is important to understand that selling marijuana, except by licensed vendors (more below) is still a crime in California. Possessing a large amount of marijuana, or possessing marijuana in many pieces of small packaging can still result in criminal charges, and you might be arrested and charged even if you truly only possessed marijuana for personal use. CAN I SMOKE IN PUBLIC? No. Smoking marijuana in most public places is not legal for recreational use. Vaping may be less likely to draw attention, but is also prohibited in public places, even on the street. Marijuana use of any kind in a motor vehicle is not a good idea, even if only a passenger is smoking. A Marijuana DUI arrest and charge can very easily occur even if you have not consumed any cannabis. More difficult to detect than alcohol, officers may very well arrest you even if you are not under the influence, citing that they thought you were, and leaving yourself to defend against DUI charges in court. In the first move of its kind, Lowell Farms Cafe in West Hollywood, CA opened a restaurant and dispensary which permits on-site consumption of cannabis products in an indoor and outdoor restaurant setting. WHAT KIND OF LICENSE DO I NEED TO GROW OR SELL CANNABIS PRODUCTS? Getting licenses and permits for a cannabis business in San Diego is no easy task. In California, there are a number of administrative hoops to jump through, and the City of San Diego seeks to limit, as much as possible, the amount of commercial cannabis activity in the city. Cultivation also requires permits, and is very difficult in San Diego County. Some other, mostly rural areas of Southern California have relaxed their requirements for cannabis grow operations in order to bring economic growth and deal with declining populations and revenue. The bigger, more established cannabis brands in California appear to be taking up most of the market share, with small businesses struggling to meet all of the permit requirements, taxes, and legal hurdles. HOW DO I GET RID OF A MARIJUANA FELONY CONVICTION? Making marijuana sales, cultivation, and possession for sales misdemeanors was a major stride for criminal justice in California. Not only do people presently facing charges for unlicensed commercial marijuana activity face lesser punishments, but the law applies retroactively, relieving people who were previously convicted of marijuana sales offenses of what were previously permanent felony convictions. If you or a loved one has a prior felony conviction under Health and Safety code section 11357 (marijuana possession), 11358 (cultivation of marijuana), 11359 (possession for sale of marijuana), or 11360 (sale or transportation of marijuana), that felony can most likely be reduced to a misdemeanor for all purposes, opening new doors, and knocking down old walls. Like an expungement, a petition for re-sentencing pursuant to Proposition 64 can greatly affect your life, including opening up new opportunities for employment, licensing, travel, and more. NOTE ON FEDERAL LAW: As of the date of this article, marijuana is still prohibited under Federal Law. In California, Federal agencies such as the DEA, FBI, CBP, and US Attorney's Office do not make enforcing federal marijuana laws a priority, but marijuana crimes can still result in serious charges in federal court. More about Federal Criminal Defense in San Diego More about California's Marijuana Laws More about California's Drug Crime Laws More about California's Driving Under the Influence of Drugs Laws IF YOU OR A LOVED ONE IS FACING MARIJUANA CHARGES OR HAS PRIOR CONVICTIONS THAT MIGHT BE ELIGIBLE FOR PROPOSITION 64 RELIEF, CONTACT US NOW FOR A FREE CONSULTATION WITH A SAN DIEGO CRIMINAL DEFENSE ATTORNEY 619-550-4422. by Nicholas Loncar, Criminal Defense Attorney www.iDefendSanDiego.com 619-550-4422 San Diego Criminal Defense Lawyer San Diego Drug Crimes Lawyer
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