If supporters get enough signatures to get the initiative on the ballot in November 2016, California voters could legalize pot for all adults over 21, not just for medicinal use. There would still be plenty of restrictions, but this could mean that your prior conviction for marijuana possession could be expunged and erased from your criminal record.
The Adult Use of Marijuana Act
The Control, Regulate and Tax Adult Use of Marijuana Act, also called the Adult Use of Marijuana Act, would regulate the sales of marijuana and marijuana concentrates. It would work a lot like the current system for medicinal marijuana. The law would try to establish legitimate businesses as the source of drugs, not illegal drug dealers.
A poll in May showed that 60% of California residents support the idea of legalizing marijuana, but opponents will be fighting hard to prevent the initiative from passing. Many opponents are concerned about how easily children will be able to access drugs, although the initiative tries to address that issue.
New rules for California marijuana use
Even if the initiative passes, sales of marijuana will still be regulated. Sales will be strictly for adults over 21 only. Even adults will be limited to buying one ounce of marijuana and up to eight grams of concentrates. Sales would also be taxed a 15% state retail tax. In addition, local governments could also add their own tax.
Adults would also be allowed grow up to six plants at home, as long as they are not in a public area, in plain sight to visitors or accessible to children. Local governments can pass their own restrictions about whether the plants may be grown outdoors.
What will still be illegal?
The proposed law would not eliminate all rules about marijuana use. It would still be illegal to smoke in public. Dangerous methods for making concentrates will still be outlawed. And, of course, driving under the influence of the drug will still be illegal.
Serious drug crimes will also still be illegal. For example, it would still be a felony to give marijuana to a minor or to transport it across state lines to sell in a state where it is still outlawed. And possessing more of the drug than allowed for personal use will STILL get you in trouble.
Would this law affect my prior conviction?
Nothing is certain until we see whether the initiative passes in November. But if it does pass, you may be able to petition the court to reduce your sentence or even have your record expunged. Dan E. Chambers has experience helping Southern Californians clean up their criminal records, thanks to Proposition 47. If the initiative passes, Dan will be the one to call for help!
Do you have questions about your Southern California drug case?
If you are currently facing charges of marijuana possession or other drug possession in Southern California, don’t wait to get help! Make an appointment with Southern California’s top drug crime defense attorney, Dan E. Chambers. Contact Chambers Law Firm today by calling 714-760-4088, emailing dchambers@clfca.com, or sending a message via the Chat box at the bottom right of this page.
