Marijuana Law Changes as a Result of Prop 64 in CA

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As of Tuesday, November 8th, Proposition 64 legalized the commercial use of marijuana for adults over 21 years of age in the state of California. There are certain statutory changes that are effective immediately now that this proposition has been voted in, but the legal changes related to commercial activities like manufacturing, cultivation, and sales of marijuana will not be in effect until January 1, 2018.

What is Not Changing Regarding Marijuana Offenses?

Driving under the influence of marijuana is still a criminal offense and Prop 64 makes no changes to these laws. Additionally, workplaces are still entitled to maintain a drug and alcohol-free environment, whether they are a public or private employer.

Changes to Existing Marijuana Laws in California

Minors under the age of 18 will now receive an infraction for any marijuana-related offenses, which will require attendance at a drug education program, community service, and counseling.

Prop 64 made significant change to marijuana laws, enabling adults over 21 years of age to legally possess up to one ounce of marijuana, possess up to 8 grams of concentrate, transport up to one ounce, share up to one ounce, and homegrow up to six plants per residence. Individuals who have been previously convicted of marijuana-related offenses can petition to have these crimes expunged from their record. They may also request resentencing based off of the new penalties.

We have laid out the specifics regarding the new penalties for marijuana offenses in the chart below. Items in green are now legalized, those in yellow have been reduced from a felony to a misdemeanor, and the one in red is still a felony offense.

Prop 64

Call our Santa Ana marijuana defense attorneys for help with expunging your record, resentencing, or any other matters related to the new CA marijuana laws under Prop 64.