Marijuana Legalization Lawyers

California Proposition 64

On November 9, 2016, Californians voted and approved Prop 64 which legalized the recreational use of marijuana. Prop 64 eliminated the criminal consequences for the personal possession and cultivation of marijuana by persons over 21 years of age. It also reduced the punishment for many marijuana offenses and allowed for reduced penalties of specific marijuana offenses for prior offenders.

What is Lawful Under Prop 64?

• It permits adults (21 years or older) to lawfully use, possess, transport, purchase, consume, or share up to 28.5 grams (1 ounce) of marijuana, and up to 8 grams of concentrated marijuana (Cannabis);
• It permits adults (21 years or older) to grow and cultivate 6 marijuana plants in each residence as long as the plants are inside the residence and out of public view;
• It permits the sale of marijuana by state-licensed vendors only;
• It permits persons previously convicted and sentenced of certain marijuana offenses to go back to court and get re-sentenced to obtain a reduced charge or lesser sentence.

What Is Unlawful Under Prop 64?

• You may not consume or use marijuana in public. Using or consuming marijuana in public is an infraction (like a traffic ticket) that can be penalized with a $100 fine.
• You cannot smoke or “vape” any marijuana product in any location that has been deemed a non-smoking location, such as restaurants and most businesses. Smoking marijuana within 1000 feet of a school, daycare or youth center (while children are present) are also prohibited.
• Possessing marijuana in an open container, or using marijuana, while operating a vehicle or sitting in a moving vehicle.
• Anyone under the age of 21 caught with less than one ounce of concentrated marijuana (cannabis) is subject to a $100.00 fine. If the person is under 18 years of age, they are subject to mandatory drug counseling or community service as well as a $100.00 fine.
• You cannot produce a marijuana product using a “volatile solvent” – essentially bars the production of any cannabis drug with unnatural additives.
• It remains illegal to purchase marijuana products without a medical prescription until 2018.
• Possession of more than 28.5 grams (1 ounce) of marijuana.

New Penalties Under Prop 64 For Marijuana Offenses

Prop 64 reduced the penalties for certain marijuana offenses. For example:

Reduction & Expungement of Marijuana Offenses

Individuals with certain prior marijuana convictions are now eligible under Prop 64 to reduce their conviction from a felony to a misdemeanor and from a misdemeanor to an infraction through the expungement process.

Prop 64 also allows defendants who are currently serving a sentence in jail or state prison to petition the original sentencing judge for a reduction or dismissal of the sentence and to be resentenced under the new Prop 64. In cases where the defendant has completed the sentence, he or she may request the court to reclassify the conviction as a misdemeanor or infraction and have the prior offense expunged or dismissed.

The eligible offenses for reduction and expungement include the following:

• Health and Safety Code 11357 (Possession);
• Health and Safety Code 11358 (Cultivation);
• Health and Safety Code 11359 (Possession with intent to sell); and
• Health and Safety Code11360 (Sales, Transportation, Giving away of marijuana to adults).

Los Angeles Lawyers with Over 70 Years of Experience

As experienced Los Angeles marijuana attorneys, we understand that having a drug conviction on your record can negatively impact your life. Employers, financial institutions, landlords, colleges/universities, former spouses, business associates and others can easily perform background checks that could put you and your future at risk. Additionally, having a drug conviction on your record could result in a harsher sentence if you were to pick up a new drug case.

At Stephen G. Rodriguez & Partners, our Los Angeles prop 64 attorneys are well aware of the changes brought about by California Proposition 64. If you would like to see if you can have your charge or sentenced reduced, your probation terminated, old convictions reduced and expunged, or explore other ways to clean up your criminal record, please feel free to contact our team at your first opportunity.

You can also schedule a free initial consultation by calling (213) 481-6811.