Prop 64: The Adult Use of Marijuana Act
What is Prop 64?
In November 2016, California voters approved Prop 64 which officially legalized "personal use and cultivation of marijuana for adults 21 years of age or older; reduces criminal penalties for some marijuana-related offenses for adults and juveniles; and authorizes resentencing or dismissal and sealing of prior, eligible marijuana-related convictions." However, this law isn’t black and white. Some marijuana usage is still illegal, and California users should make sure they fully understand the provisions under the new rule, called the Adult Use of Marijuana Act, or face legal repercussions.
At The Law Offices of Kyle J. Humphrey, we frequently work with clients facing charges for drug crimes, including possession, sale, and distribution. Our founding attorney, Kyle Humphrey, formerly worked as a Kern County Prosecutor and has 30 years of legal experience, enabling him to better assist clients with tough cases. We prioritize client communication and are passionate about making sure your rights are heard.
To schedule a consultation with our criminal defense lawyer, call (661) 327-1360.
Who Can Use Marijuana Under Prop 64?
The Adult Use of Marijuana Act legalizes the recreational use of marijuana, also called “weed” or “pot,” for recreation use for adults. Anyone under the age of 18 found in possession of marijuana could face fines, mandatory drug counseling, and court-ordered community service. Additionally, adults are only permitted to possess up to 28.5 grams of marijuana or up to 4 grams of concentrated cannabis, also called hashish.
Illegal vs. Legal Sale of Marijuana
Additionally, the new Act does not permit unauthorized individuals to sell marijuana. The newly created Bureau of Marijuana control can issue licenses to individuals who wish to sell marijuana in accordance with California law. The sale of marijuana must only be practiced by individuals who have obtained a state license to sell marijuana. Anyone caught selling marijuana without the proper permits and licenses will face up to 6 months in jail or a fine of up to $500.
These penalties could be more severe for individuals with prior convictions or if the individuals attempted to, or did, sell marijuana to minors. In addition to illegal sales, individuals who illegally transport marijuana could also face serious repercussions, similarly to other drug transportation crimes.
Prop 64 Laws: Growing
Prop 64 permits individuals over 21 to grow their own marijuana plants, but only a limited quantity. Individuals wishing to grow their own marijuana may plant, cultivate, harvest, dry, and process up to 6 marijuana plants. However, individuals who attempt to sell their marijuana could face serious repercussions.
Reconsideration for Individuals Convicted by Old Marijuana Laws
One of the biggest impacts of the new Adult Use of Marijuana Act is the relief for those convicted of marijuana crimes under the old laws. Those who are serving sentences for marijuana crimes in accordance with the old laws may see a resentencing under the new laws. Qualifying individuals may have their sentences reduced or altogether dropped.
Let Our Firm Represent You
The new act may permit the use, sale, and growth of marijuana in California, but only on limited terms. There are still many ways in which individuals may be charged with marijuana drug crimes, including possession over the legal limit, unauthorized sale or transport, or growing more plants than the state limit dictates. Additionally, individuals who were previously convicted of a marijuana crime by the old marijuana laws may be entitled to seek a resentencing in accordance with the new rules under the Adult Use of Marijuana Act.
If you are facing charges for a marijuana crime, our firm can help. We can evaluate the circumstances of your arrest and use our legal skills to fight on your behalf to obtain a more favorable outcome. If at all possible, we will do what we can to see that your charges are reduced or all together dropped.
Contact The Law Offices of Kyle J. Humphrey to discuss your legal options with our attorney.