PROP 64Marijuana Legalization
Prop 64 – Marijuana Legalization
Do you have a conviction for possession, sales, transportation, or cultivation of marijuana? Are you on formal probation for a felony conviction? Is a family member or friend serving time in prison for a qualifying felony conviction? Voters passed Proposition 64 on November 9, 2016, in order to significantly change the treatment of marijuana in the criminal justice system. The attorneys at Taylor & Dolowich can help you reduce your sentence, and in some cases, dismiss past charges altogether from your record!
What Did Prop 64 Change?
Prop 64 amended the Health and Safety Code to permit persons over the age of 21 to possess up to 28.5 grams of marijuana, and up to 8 grams of concentrated cannabis. Additionally, certain provisions were added to the code permitting resentencing on already completed cases.
The following is a list of some of the changes in sentencing for marijuana related crimes. This list is not exhaustive, and may vary on a case to case basis.
Reductions for Possession
1) Possession of marijuana is an infraction for people under 21 years of age.
2) Possession of marijuana in an amount exceeding the amount permitted for a person over 21 is a misdemeanor.
Reductions for Cultivation
1) Cultivation of marijuana is an infraction for people under 21 years of age.
2) Cultivation of marijuana in an amount exceeding the amount permitted for a person over 21 is a misdemeanor.
Reductions for Possession for Sales
1) Possession of marijuana for sales is an infraction for people under 18 years of age.
2) Possession or marijuana for sales is a misdemeanor for people above 18 years of age.
Reductions for Transportation or Sales
1) Transportation or sales of marijuana is an infraction for people under 18 years of age.
2) Transportation or sales of marijuana is a misdemeanor for people above 18 years of age.
Dismissal of Prior Convictions
A person who has been convicted for a marijuana related crime, which is no longer a crime due to Proposition 64, can petition the court for resentencing or dismissal.
Removal of DNA sample from Government Records
If the only felony conviction you have suffered is affected by Prop 64, we can assist you in petitioning the Department of Justice to expunge your DNA sample from the State DNA database profile.
We Can Help!
Navigating the court system is always a challenge. The attorney’s at Taylor and Dolowich have all the expertise needed to be sure you receive every potential benefit afforded by Prop 64.