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California’s Current Marijuana Laws Under Prop 64

Posted on in Criminal Defense

San Jose criminal defense attorneys, California marijuana lawsEver since California voters approved Proposition 64 (aka the Adult Use of Marijuana Act) in November 2016, there seems to be a good deal of confusion about our state’s current marijuana laws. For example, some people incorrectly claim that weed is now legal in California under all circumstances, and in all amounts. Yet others mistakenly believe that they can now smoke marijuana in area where smoking tobacco is permitted. However, this is not the case.

Anyone who has been charged with a marijuana-related crime in California, and who has a case specific question, should seek counsel from a local drug charges defense lawyer without delay.

CA’s Marijuana Laws Under Proposition 64

Proposition 64 was passed in California by a margin of 57 to 43 percent—a law which made several important changes to California’s marijuana laws. Changes include the following:

  • Possession and Use: Adults over the age of 21 are allowed to possess and use up to one ounce of marijuana (or eight grams of concentrates). However, be aware that Proposition 64 is not in effect on federal property; therefore, possessing or using marijuana while on federal land (for example, national parks) is still illegal.

  • Growing Marijuana: Personal use cultivation of up to six marijuana plants per residence can legally be grown by adults over the age of 21.

  • Criminal Records: Individuals with marijuana related offenses on their criminal records can have their records changed to reflect what would have been recorded if Proposition 64 had been in effect at the time of the recorded incident.

  • Prohibited Acts: It is illegal to smoke or consume marijuana in a public place, to consume marijuana while driving, to possess marijuana on school grounds, or to possess an open container of marijuana while driving or riding in a vehicle.

Driving Under the Influence of Marijuana

Although it is now legal to consume marijuana under some circumstances in California, be aware that it is still illegal to drive while under the influence of marijuana. CA Vehicle Code section 23152(f) makes it illegal to drive “under the influence of any drug,” and while the term “influence” is not specifically defined, it has been interpreted to prohibit driving while under some degree of impairment. Therefore, drivers in California can still be charged with a DUI for driving while under the influence of marijuana, despite the fact that Proposition 64 is in effect in California.

Contact Us for Help Today

If you have been arrested for a drug-related offense in California, the experienced San Jose criminal defense attorneys of Jachimowicz Law Group are available to help. Several of our lawyers worked in law enforcement prior to joining our firm, and all of our attorneys intimately understand how the police and the district attorney operate. Our legal team uses their extensive experience to competently defend clients accused of manufacturing/growing, distributing, or importing drugs in both state and federal court. Contact us today to schedule a free initial consultation with our firm.








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