With the passing of Proposition 64, California has legalized the use of recreational marijuana. The Adult Use Marijuana Act permitted adults (ages 21 and older) who do not have medical marijuana cards to do the following:
- Grow up to six plants, in addition to the harvest of those plants
- Possess up to one ounce of flower or up to eight grams of concentrates
Medical cannabis patients do not have to comply with the above restrictions. Additionally, this measure prohibits the infringement upon adults’ ability to possess and / or cultivate marijuana for non-commercial use. The revision of these terms took effect on November 9, 2016.
What Happened on November 8?
As individuals went to their individual polling places to vote for the next president of the United States, Californians also voted on whether or not recreational use of marijuana should be made legal. With a margin of 54%, Californians passed the proposition.
What About Those Previously Convicted for a Marijuana Conviction?
Proposition 64 actually anticipated the issue of what will happen to Californians who were previously convicted for the illegal possession or transport of marijuana, which is now legal. These individuals are allowed to petition the court to dismiss the charge and seal their records. This is more than just an expungement under Penal Code § 1203.4 because those convictions cannot actually be sealed.
The new provisions added allow for the actual reversing of arrests or convictions.
Under § 1161.8, someone who is serving a sentence can petition the court to have their sentence dismissed. There are exceptions, of course, but as long as there is no evidence that the petitioner is not eligible for this relief, the court will be required to grant the petition.
Contact Purdy & Bailey, LLP for Further Questions
If you still have questions about Proposition 64, we encourage you to contact our cannabis business lawyers. We can provide you with the legal guidance you need and deserve if you are pursuing a cannabis business in San Diego.