Proposition 64, or the Control, Regulate and Tax Adult Use of Marijuana Act, legalizes the use of marijuana by adults 21 and over. It also establishes a system of regulation to facilitate the transition of marijuana to a legal marketplace. Prop. 64 authorizes the possession, purchase, consumption, transportation, and sharing of up to one ounce of marijuana and up to eight grams of marijuana concentrates. If you are over 21, you may also grow up to six plants per household, but it must be out of public view. With respect to criminal prosecution, Prop. 64 will reduce criminal penalties for marijuana offenses and make the reduction in penalties retroactive. The reduction in penalties will go into effect immediately.
Personal possession of small amounts of marijuana are legal under Prop 64, however, it also reduces most felony and misdemeanor penalties for marijuana offenses. For example, Health and Safety Code Sections 11357, 11358, 11359, and 11360 are all amended by Prop 64. The penalty imposed will depend on whether the person is 21 and over, between 18 and 20 years-old, or a juvenile under 18 years-old.
Sales of marijuana, HS Code Section 11360, and possession of marijuana with intent to sell, HS Code Section 11359, are now misdemeanors, and may become wobblers in certain circumstances, charged as a felony or misdemeanor. Generally, Prop. 64 will reduce penalties for those between 18 to 20 years-old to infractions.
Prop. 64 will not impact Prop 215, The Compassionate Use Act. That is, patients under Prop 215 can still argue that they can possess an amount necessary for their medical use, subject to state law and any local regulation requirements.
Prop. 64 is retroactive and applies to convictions under Health and Safety Code Sections 11357, 11358, 11359, and 11360. The process for reduction or elimination of the charges involves petitioning the court. The court may deny the request for reduction or elimination of the charges if it concludes that that party presents an unreasonable risk of danger to public safety. (Penal Code Section 1170.18(c) Health and Safety Code Section 11361.8.)
If you think Prop 64 applies to a case you have or had, please contact my office today. I will provide a free, confidential consultation.