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Criminal Defense Attorneys

Proposition 64

We are Greg Hill & Associates. If you or a family member want to file a petition for proposition 64, we can help you.

The Adult Use of Marijuana Act, also called Proposition 64 (Prop 64), has been recognized as a long-overdue change in our law to reflect our changing society and the increased awareness that marijuana, if used responsibly by an adult, may not be as criminal in nature as previously thought according to our legislature.  The new law supplements Proposition 215, which in 1996 legalized the use of medical marijuana.


The new law, which became effective in November, 2016 after a public vote on it, changes the punishment, if any, for the following offenses:

1.    Health and Safety Code § 11357 (possession of marijuana).  The new code section under Prop 64 makes possession of 28.5 grams (an ounce) or less by an adult, in certain areas (i.e. not at a school), legal.  If one is between 18 and 21, it is now an infraction, unless at a school, punishable by a fine up to $100.  If defendant is under 18, it is also an infraction, but punishable by a fine, classes and community service.  If an adult has over 28.5 grams and the possession is not otherwise proper under Prop 215 with a medical marijuana recommendation, it is a misdemeanor, but the same larger quantity is an infraction for anyone 18 to 21;

2.    Health and Safety Code § 11357(a) (possession of concentrated cannabis).  Under Prop 46, possession of 8 grams or less is legal for an adult unless on school grounds.  If one is age 18 to 21 and not on school grounds, under 4 grams is an infraction, but 4 grams or more is a misdemeanor.  If one is under 18, it is an infraction, unless on school grounds;

3.    Health and Safety Code § 11358 (cultivation of marijuana).  Cultivation of six plants or less is legal for one 21 or older.  If an adult has seven or more plants, it is a misdemeanor.  If between 18 and 21, possession of six plants or less, or seven plants or more, is an infraction.  If one is under 18, it is an infraction punishable with classes and community service;

4.    Health and Safety Code § 11359 (possession of marijuana with intent to sell).  Unless defendant has a license to sell marijuana from a local city or county, possession with intent to sell is a misdemeanor for those 21 and older;

5.    Health and Safety Code § 11360 (transportation for sale);

6.    Health and Safety Code § 11360(b) (furnishing marijuana for sale, transportation).


Not everyone is eligible for Prop 64 relief.  Three categories of people are excluded from the benefits of Prop 64.  They are:

1.    Those who are registered sex offenders under Penal Code § 290;
 
2.    Those who have a prior conviction for a “Super Strike,” defined at Penal Code § 667(e)(2)(c)(iv) (i.e. murder, any form of homicide, solicitation to commit murder, assault with a machine gun on a police officer or a fireman, possession of a weapon of mass destruction, or any serious or violent felony punishable by life in prison or death);

3.    Those who have two or more prior convictions for violation of Health and Safety Code § 11359 (possession of marijuana with intent to sell).

If you or a family member want to file a petition for proposition 64, please call us today for a free 45 minute consultation. You will receive top quality representation for a reasonable fee. (310) 782-2500.




 
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