Some of the obvious pros for marijuana legalization include economic opportunities, increased taxes flowing in to the state coffers and fewer jails and prison packed with non-violent drug offenders

. California is already beginning to experience these perks since the passage last month of the Control, Regulate, and Tax Adult Use of Marijuana Act. The drug is still deemed a Schedule I narcotic under the federal Controlled Substances Act, 21 U.S.C. Section 812.

The issue of non-violent drug arrests and convictions has been a controversial one in recent years, with some politicians clinging to the illogical argument that a failure to crack down on low-level possession leads to widespread and dangerous use. This just isn’t true, but this flawed thinking and aggressive enforcement of arcane laws has dearly cost individuals, families and communities (particularly those that are majority minority).Now, San Francisco and San Diego are taking it a step farther by clearing marijuana possession criminal records for thousands of people, according to a New York Times report. The San Francisco district attorney’s office said it is expunging about 3,000 misdemeanor convictions that go back 40 years. In addition, 4,900 felony cases will be reviewed and considered for reduction to misdemeanors in San Francisco.

In San Diego, 4,700 cases are under review to either clear or reduce charges. According to the San Diego Union-Tribune, about 700 have been reduced so far. The process started with about 55 cases where people were either in prison or fulfilling probation that were considered top priority. Of those incarcerated, some were serving extensive sentences of up to 18 years.

Other cities are also taking steps in this direction by reviewing convictions on a case-by-case basis. In addition, Rob Bonta (D-Oakland) introduced AB-1793, which if passed would automatically expunge eligible cannabis convictions statewide.

Under California’s new law, citizens with low-level offenses on their records can petition to have them erased, but it can be an expensive process and many aren’t even aware they qualify. These two cities are skipping the petition step and just taking care of the records themselves, though San Diego is still encouraging people to fill out the application form so their cases do not get lost in the review process.

Clearing and reducing records will make it possible for these citizens to not be hindered in achieving basic goals, such as finding work or obtaining housing or loans, particularly when their crimes are not even considered illegal on the state level anymore. Same cases are not eligible to have charges downgraded, including those of people who also have sex crime convictions or violent crimes on their record.

Our Los Angeles marijuana defense lawyers are proud that California is leading the country in creating equity in the era of marijuana legalization. Other states have been lagging in this area, with Nevada’s governor vetoing a bill that would have cleared low-level offense records and Colorado dragging its feet for five years before even allowing residents to apply to have certain convictions erased. If you are being tried for a marijuana-related crime or need guidance on whether you qualify to have a previous charge reduced on your record, our attorneys have the year of experience to assist you.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients, defendants, workers and those facing criminal marijuana charges. Call us at 949-375-4734.

Additional Resources:

San Francisco Will Clear Thousands of Marijuana Convictions, Jan. 31, 2018, By Timothy Williams and Thomas Fuller, New York Times

More Blog Entries:

New Program in Works to Help Mitigate Marijuana Convictions in LA, Nov. 6, 2017, Los Angeles Marijuana Defense Lawyers Blog

While marijuana products and derivatives can help soothe pets, they can also subject an owner to criminal liability for possession.

Avoid costly criminal proceedings by considering these aspects of California’s possession laws:

• The possession of marijuana is prohibited federal law. This applies for any purpose – medicinal, veterinary, or recreational. This means that pet owners can be guilty of a federal crime for transporting marijuana pet products across state lines. It is also a federal crime to possess any marijuana products on federal lands within the state borders. The Sacramento Bee reports that the National Parks Service will continue to enforce federal marijuana prohibitions on national park lands within California, just as it did prior to the legalization of recreational marijuana in California as of November 2016. There are many popular tourist destinations in California that fall under the jurisdiction of the National Parks Service, including: Redwood National Park, Golden Gate National Recreational Area, Alcatraz Island, Yosemite National Park, Joshua Tree National Park, Cabrillo National Monument, and Death Valley National Park.
• The San Diego Union Tribune notes that recreational marijuana possession is limited to one ounce of marijuana and six plants. Pets have no allotment: any marijuana products for a pet must fall within the owner’s possession limits. The Union Tribune also notes that only those Californians over the age of twenty-one may legally possess recreational marijuana. Pet owners under that age can face criminal charges for possessing marijuana pet products.
• Marijuana products – whether for pets or humans – can only be purchased from businesses which have been licensed by the state. Under the terms of the Adult Use of Marijuana Act, the state has until January 1, 2018 to begin issuing business licenses for the sale of marijuana. The Desert Sun reports that this project is a “massive undertaking”. It comments upon the many administrative requirements which must be met before the state can issue cannabis business licenses, and invites speculation about what will actually occur on January 2, 2018. (State agencies will be closed on January 1 for a state holiday.) Regardless of the state of business licenses in January 2018, it will still be illegal to buy marijuana products from any unlicensed person or entity.

The conflict between state and federal marijuana laws can make it difficult to legally administer your pet’s anxiety medications in California. This doesn’t mean you are out of options or that you absolutely should not use cannabis if that is what works best for your pet. But understand the law, and be prepared for a vigorous criminal defense by hiring an attorney who has experience in the area of cannabis law.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Some Marijuana-Derived Treatments Aim to Soothe Skittish Pets, July 4, 2017, by Ingfei Chen, National Public Radio

More Blog Entries:

Report: Cannabis Edibles for Pets is a Growing Industry, June 19, 2017, by Cannabis Law Group

The Effects of Proposition 64

The Huffington Post reports that close to one million people in California qualify for relief under Proposition 64. This can include: reducing a felony conviction to a misdemeanor; terminating a sentence of probation or incarceration, expunging criminal records, or dismissing a pending case. The terms of Proposition 64 created a new law (California Health and Safety Code §11361.8) by which to facilitate the process of applying for relief.

Retroactive application of a sentencing law is unusual in and of itself, but §11361.8 is even more striking, in that it does not place a time limit on which the conviction must have occurred. Any person currently serving a sentence may apply for relief if he or she would not have been guilty – or been guilty of a lesser offense – had the Act been in affect at the time of the offense. Moreover, California courts are instructed to broadly grant petitions for relief. In order to deny such a petition, the court must determine that an unreasonable risk of danger to public safety would be posed by granting it. This creates a de facto legal presumption that qualified applicants are entitled to have their petitions for relief under the Act granted. This presumption can be challenged (and overcome) by a prosecutor, but it is still an advantage for defendants seeking relief from their sentences for marijuana offenses.

A Civil Rights Issue

Convictions for drug offenses in the United States have historically demonstrated a high racial disparity. The Orange County Reporter identifies a study which found that Latinos were twenty-six percent more likely, and blacks were five times more likely, than whites to be arrested for a marijuana felony in 2015. This is in spite of evidence that blacks, whites and Latinos all consume and sell marijuana at similar rates. Celebrities such as rapper Jay-Z and actor Danny Glover cited this as the reason they supported the Act. It was also the reason that Silicon Valley billionaire Sean Parker donated more than seven million dollars to support the passage of Proposition 64.

The state’s recreational marijuana referendum has wide-reaching applications which can help those with previous convictions for marijuana offenses. Sentences can be reduced or overturned, inmates can be released, and criminal records changed as a result of the retroactive sentencing provisions of Proposition 64.

The Los Angeles Cannabis Law Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

California Today: Still Serving Time for Marijuana, May 17, 2017, by Mike McPhate, The New York Times

More Blog Entries:

Report: California Arrested 500k People in 10 Years for Marijuana, September 5, 2016, by Cannabis Law Group