Proposition 64 Law & Resentencing

Los Angeles Criminal Defense Attorney

When California Proposition 64 – the Adult Use of Marijuana Act – was approved by voters on November 8th, 2016, it decriminalized the possession and use of minimal amounts of marijuana for recreational use by adults in the state. The legal marijuana industry was jump-started by Proposition 64, permitting businesses with appropriate licenses to sell small quantities of marijuana to adults. Consequently, the marijuana laws of the recent past in California were also impacted by Proposition 64's passage.

People who were sentenced using previous marijuana possession laws may be eligible to petition for resentencing. The lessened criminal penalties could mean shaving significant portions off prison or jail sentences, or ending probation much earlier than expected. Discover your options today by contacting a Los Angeles marijuana crimes attorney from Diamond & Associates today.

Marijuana Crime Restructuring Due to Prop 64

Determining if you can gain resentencing – or if it would even benefit your case at all – begins with understanding the changes implemented by Proposition 64. Many nonviolent drug crimes and crimes not associated with widespread drug trafficking were altered due to Prop 64.

California marijuana crimes changed since the approval of Prop 64 include:

  • Possession of up to 28.5 grams of marijuana: Previously considered an infraction that could be penalized with a $100 ticket. Now considered legal if the possessor is an adult and does not use the marijuana in public, in a vehicle, or within other prohibited areas. Smoking marijuana is still illegal in many circumstances.
  • Possession of up to 4 grams of concentrated cannabis: Previously considered a misdemeanor. Now considered legal with similar restrictions to possessing marijuana.
  • Cultivation of up to 6 marijuana plants: Previously considered a felony. Now considered legal for adults over the age of 21. Some restrictions may apply, such as where the plants can be cultivated.
  • Cultivation of more than 6 marijuana plants: Previously considered a felony. Now considered a misdemeanor.
  • Possession of marijuana for sale without a license: Previously considered a felony. Now considered a misdemeanor in many circumstances. Will be considered a felony if two other such violations are on suspect's record.
  • Distribution of marijuana for sale without a license: Previously considered a felony. Now considered a misdemeanor in many situations. May be escalated to a felony if one or more similar violations are on the suspect's record at the time of the arrest.

Call 888.860.6570 to Speak with Our Prop 64 Attorneys

Were you previously convicted for one of the aforementioned criminal violations? If so, you are likely eligible for resentencing, which could modify your criminal penalties to your general benefit. You can learn what to do next to petition for a resentencing by contacting our Los Angeles Proposition 64 attorneys today. Free initial consultations are available.