New CA Marijuana Laws - Proposition 64

Proposition 64 – Changes to California's Marijuana Laws

Sales/transportation/cultivation – now misdemeanors instead of felonies

When medicinal marijuana was legalized in California in 1996, many may not have imagined that the legalization of recreational use was just around the corner. On November 8, 2016, California approved Prop 64. This measure allows those who are 21 and over to use, possess, and cultivate small amounts of marijuana for personal use. In addition, Prop 64 allows those who are properly licensed to sell marijuana to those who are 21 and over. Because Prop 64 legalizes acts that were once illegal, this has created a significant amount of work for criminal defense attorneys. For example, the cultivation of more than six marijuana plants was once a felony before Prop 64. However, it is now classified as a misdemeanor. In addition, before Prop 64, the possession of marijuana for sale without a license and the sale/transportation of marijuana for sale without a license were considered felonies. Both are now considered misdemeanors under Prop 64.

Recreational Use Legalized

Under Prop 64, adults 21 and over may legally possess up to 28.5 grams of marijuana for recreational use. In addition, Prop 64 makes it legal for those 21 and over to possess up to 4 grams of hashish for recreational use. However, those who are caught with more than the above quantities may be convicted of a misdemeanor. Misdemeanors in California are typically punishable by up to six months in county jail and/or a fine of up to $500. While a variety of factors will determine the sentence upon a misdemeanor conviction, the fact that Prop 64 reduces the severity of such violations will give a good criminal defense attorney much more room to argue a lenient sentence – and perhaps even a reduction in charges.

Re-sentencing under Prop 64

Perhaps one of the most significant effects of Prop 64 is the fact that it is retroactive. This means that those convicted of marijuana-related felonies prior to Prop 64 may petition the court for a reduction in sentencing. The good thing about Prop 64 resentencing is that the judge must presume the petitioner is eligible for resentencing under Prop 64. However, like most post-conviction attempts at relief, the District Attorney has an opportunity to oppose resentencing. If the District Attorney opposes the petition for resentencing, he or she is required to prove by clear and convincing evidence that the petitioner is not eligible for resentencing under Prop 64. The fact that the burden is placed on the District Attorney to disprove eligibility means that this type of post-conviction relief will be much easier to obtain than other types – thanks to Prop 64.

For some petitioners who have already served most of their sentence, filing a petition for resentencing under Prop 64 may result in the immediate release from county jail. In addition, petitioners may request a reduction from felony to misdemeanor or even misdemeanor to infraction in order to benefit their criminal record and likelihood of employment. In addition, because those convicted of felonies are stripped of civil rights, petitioning the court for a reduction will restore those rights – which include the right to own a firearm.

If you or someone you love is incarcerated under a marijuana violation, or if they now live with the effects of a felony conviction, be sure to contact an experienced criminal attorney to take advantage of this new law. A good criminal defense attorney will understand the nuances of Prop 64, as well as the best route for relief on a case-by-case basis.

CALL NOW FOR A FREE CONSULTATION   -    213-375-3775

More information on California Marijuana Laws

---

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

FREE CONSULTATIONS  213-375-3775
LOS ANGELES CRIMINAL DEFENSE ATTORNEY

Published By: Nicholas Loncar
Written by: Nicholas Loncar