How Was Cultivating Marijuana Treated Before Proposition 64?
Cultivating marijuana in California was treated as a felony offense under Health and Safety Code Section 11358 before Proposition 64. A felony is a criminal offense punishable by serving one year or longer in prison.
How Does Proposition 64 Change Laws Relating to Cultivating Marijuana?
Proposition 64 went into effect on January 1, 2018, making it legal for individuals 21 years or older to grow marijuana for recreational purposes. Additionally, the sale of marijuana has also been legalized for those business entities that have been licensed to do so.
What Are the Changes Made as a Result of Passing Proposition 64?
The following is a list of crimes related to marijuana that has been affected by Prop 64 Adult Use of Marijuana Act:
Possession of up to 28.5 grams of marijuana (Health and Safety Code Section 11357)
- Before Proposition 64: Considered an infraction with a $100 fine
- After Proposition 64: Legal
Possession of up to 8 grams of concentrated cannabis (Health and Safety Code Section 11357)
- Before Proposition 64: Considered a misdemeanor
- After Proposition 64: Legal
Cultivating up to 6 marijuana plants (Health and Safety Code Section 11358)
- Before Proposition 64: Felony
- After Proposition 64: Legal for ages 21 years and older
Cultivating more than 6 marijuana plans (Health and Safety Code Section 11358)
- Before Proposition 64: Felony
- After Proposition 64: Misdemeanor
Possession of marijuana for sale without a license (Health and Safety Code Section 11359)
- Before Proposition 64: Felony
- After Proposition 64: Misdemeanor if 1st and 2nd offense
Sale and transportation of marijuana without a license (Health and Safety Code Section 11360)
- Before Proposition 64: Felony
- After Proposition 64: misdemeanor if 1st or 2nd offense
Can You Apply for Resentencing After Passing Proposition 64?
Individuals convicted prior to the passing of Proposition 64 may apply for resentencing. Resentencing under Proposition 64 may lead to an immediate release from jail. However, this may be contigent on how much time you have served.
How Do You Apply for Proposition 64 Resentencing?
An individual can make an application to the court to have their sentence reduced. This is true for individuals who are currently serving time related to marijuana crimes they were convicted of before the passing of Proposition 64.
Typically, judges presume that individuals applying for such a request have met the criteria for Proposition 64 resentencing. However, this may not be the case should the prosecutor oppose the petition by proving clear and convincing evidence that the individual does not meet the criteria for resentencing.
However, judges are supposed to resent individuals so long as the individual does not pose an unreasonable risk of danger to public safety.
Los Angeles Criminal Defense Attorney
Are you in need of legal advice or services from an attorney? We invite you to contact our Los Angeles criminal defense attorney at (310) 943-1171 for assistance. KAASS Law is always standing by and ready to provide legal assistance.