The Impact of Proposition 64 on California’s Drug Laws

The passage of Proposition 64 in California has had a profound impact on the state’s drug laws, for example, creating a complex web of regulations and legal gray areas. This legislation legalized the recreational use of marijuana for adults and established a framework for regulating the cultivation, manufacturing, distribution, and sale of cannabis products. However, the implementation of these new laws has been challenging, as individuals and businesses try to figure out how to obtain licenses, comply with regulations, and understand the limitations and consequences of the new regulations. If you have any questions about Prop. 64, feel free to speak to an Orange County criminal defense lawyer at the Law Office of William Bruzzo.

What Is Prop. 64?

Proposition 64, also known as the Adult Use of Marijuana Act, was approved by voters in California in November 2016. This measure legalized the recreational use of marijuana for adults aged 21 and older. It also established a comprehensive regulatory framework for the cultivation, production, distribution, and sale of cannabis products. Under Prop. 64, adults can possess, transport, and use certain amounts of marijuana for personal, i.e. not medical, use.

What Is a Prop. 64 Petition?

If you were convicted of a marijuana crime that, under Prop. 64, is no longer a crime, the case will be dismissed and all of the applicable records will be sealed. You must apply for what’s called a Prop. 64 petition in order to have your prior marijuana conviction sealed. If a judge grants you a Prop. 64 petition, it can have significant implications and improve your future opportunities. By reclassifying or dismissing these prior convictions, people can presumably get better jobs, get into schools previously denied to them, experience less stress when applying for loans and apartments, among other things.

How Do I Get my Previous Marijuana Convictions Sealed?

To obtain Prop. 64 relief, you must file a petition with the court that handled your prior conviction. This petition must include the necessary information and documentation to support your request. You’ll definitely want to reach out to the best Orange County criminal defense lawyer you can to make sure that you qualify, your petition is drawn up correctly, and all the court procedures are followed to the letter. 

In California, Is It Still Illegal to Possess Marijuana to Sell?

While Prop. 64 legalized the recreational use of marijuana for adults, it’s still a crime to possess marijuana in sales quantities without the proper licenses and permits. California has strict regulations in place for the cultivation, manufacturing, distribution, and sale of cannabis products. People who engage in unauthorized commercial marijuana activities can and do still face serious penalties, including fines and imprisonment. 

Under Prop. 64, Can I Possess Marijuana Concentrates?

Under California’s Prop. 64 law, marijuana concentrates are lawful to possess. A marijuana concentrate is a very powerful, liquid-y, THC-rich substance that resembles molasses. There are limitations and regulations in place regarding how to lawfully possess and use marijuana concentrates. If you enjoy marijuana concentrates, be aware of these rules to avoid running afoul of the law. Possessing or using marijuana concentrates inappropriately and/or without the required licenses and permits can still result in criminal charges and penalties.

Unintended Consequences of Prop 64

While Proposition 64 legalized and regulated recreational use of marijuana in California, there have been unintended consequences. These consequences primarily stem from a nebulous regulatory framework, licensing process, and enforcement efforts. As an Orange County criminal defense lawyer, some other unintended consequences that we’ve seen include:

• An Increase in Driving Under the Influence: The legalization of recreational marijuana in California has led to an increase in people driving high and even smoking marijuana while driving. Law enforcement continues to grapple with effective testing methods and determining impairment levels. In the meantime, innocent people die everyday from being the victims of high drivers.
• Black Market Activity: Despite California’s efforts to regulate the marijuana industry, there is still a thriving black market. This is due to things like high taxes, licensing requirements, undocumented immigration statuses, and feeling like the marijuana offered on the street is better quality.
• Environmental Concerns: The cultivation of marijuana requires significant amounts of water and energy, leading to negative environmental impacts. Illegal cultivation sites also pose threats to wildlife and ecosystems.
• Public Health Challenges: The increased availability of marijuana raises concerns about health problems, addiction, mental health, and the presence or evidence of marijuana use in public spaces where children are present.
• Conflicting Local Regulations: Cities and counties have the authority to establish their own regulations regarding marijuana cultivation, distribution, and sale. Unfortunately, this has resulted in a patchwork of regulations across different jurisdictions, creating confusion and inconsistency.

California Prop 64 FAQs:

• Can a “super strike” marijuana offense be sealed? A “super strike” refers to a felony offense that counts as double the normal punishment under California’s Three Strikes Law. While Prop. 64 contains provisions for reclassifying and dismissing certain marijuana offenses, it does not impact offenses classified as “super strikes.”
• Will there be a court hearing for my Prop. 64 petition? In some cases, there are hearings to review Prop. 64 petitions but not always.
• If I’m in jail and my marijuana conviction is reclassified to a misdemeanor, will I be released? A reclassification from a felony to a misdemeanor does not automatically result in release from jail. The specific circumstances of your case will determine whether release is possible.
• If my felony marijuana conviction is reclassified, would I be able to own a firearm? Reclassifying a felony marijuana conviction to a misdemeanor does not automatically reinstate your second amendment right to possess a firearm.

Your Trusted Orange County Criminal Defense Lawyer

If you think you qualify for a Prop. 64 petition or have any other concerns about Prop. 64, don’t hesitate to reach out to an Orange County criminal defense attorney at the Law Office of William Bruzzo. Our skillful, dedicated, hard-working legal team can provide you with legal advice, guidance, information, and legal representation. We know Prop. 64 inside and out, so don’t hesitate to contact us to set up a free legal consultation or case review.