Approved by the majority in the California legislature and the governor on Sept. 30, the law (which creates creates Section 11361.9 to the California Health and Safety Code) is in direct response to the Control, Regulate and Tax Adult Use of Marijuana Act, and requires the Department of Justice by July 2019 to review state records and identify those prior convictions that may possibly be eligible for recall, dismissal of sentence, dismissal, sealing or redesignation under the new law. The state Justice Department will then be required to notify prosecutors of all cases in their jurisdiction that meet this requirement. Then prosecutors must, by July 2020, review all those cases to ascertain whether they wish to challenge the DOJ’s recommendation. If there is no challenge, the bill requires the department to modify the criminal history information in its database in accordance with the bill within 30 days (by July 31, 2020), and to update the post on its website. The state will be required to reimburse local agencies and school districts for whatever costs are incurred by the state as a result of putting this law into effect.

The state will prioritize cases of those individuals currently serving a sentence or who proactively petition for recall or dismissal of sentence, dismissal and sealing or redesignation (emphasis added). That means that if you take matters into your own hands to ask the state to make your case a priority – and complete the process sooner – you may well have your record cleared before the July 2020 deadline. That could be major for many people with existing criminal records, who may be prevented from important educational, career and housing opportunities, as well as those who may be in the midst of a child custody dispute during which a drug conviction could adversely impact the outcome.

California isn’t the first state to take legislative action to allow retroactive remedy for those with prior cannabis convictions. Oregon did so when it legalized marijuana four years ago. Similar laws exist too in Massachusetts, New Hampshire, Massachusetts and Maryland. Cities like San Francisco and San Diego also have laws that give those with prior convictions on certain marijuana crimes (possession, cultivation and manufacturing) to have avenues to have their records expunged or sealed. However, this is the first statewide measure that effectively automates that process. It’s estimated nearly 220,000 Californians will benefit from this process.

However, if you want a faster path to having your marijuana criminal record expunged, speaking with an Orange County marijuana lawyer with experience in criminal defense and evolving marijuana laws is your best option.

The Orange County CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Marijuana reform: New California law gives people with records a do-over, Oct. 1, 2018, By Lindsay Schnell, USA Today

More Blog Entries:

Danger of ‘De Facto” Cannabis Legalization for California Neighbors, Oct. 7, 2018, Orange County Marijuana Defense Attorney Blog

including numerous deaths as a result of overly aggressive pursuits. The latest death out of Pennsylvania is evidence of how far we still have to go before we fully grasp the harm caused by hostile anti-marijuana stances. According to a report from American Civil Liberties Union, a man was run over by a bulldozer recently during a pursuit, after the man was allegedly caught growing a whopping 10 plants on state gaming property. The death was reported as accidental, but regardless it is an example of how needless and reckless brute force is in enforcing marijuana laws.

The small grow site was found after a game commission employee on the bulldozer was clearing brush and spotted a vehicle. He called the police after he investigated and found the marijuana plants. What followed was the definition of overreaction. Upon their arrival, police spotted two men emerging from the underbrush. They apprehended one, but the other escaped on foot. The 10 plants apparently warranted a full search with police and the game commission joining forces. Police officers called in a helicopter to search the surrounding area, while the game commission employee continued the search on the ground. Somehow, the suspect was caught up in the thick underbrush. Cause of death was listed as traumatic injuries caused by the force of the bulldozer.

Our Orange County marijuana criminal defense attorneys will always support following the law; however, we also will always encourage questioning the law, especially when it seems unjust or arbitrarily harsh, as was the case here in Pennsylvania. The amount and level of resources used to find one man is confounding considering the state’s track record for dealing with crimes of this nature. Medical marijuana is legal in Pennsylvania for a limited pool of patients, and growing any amount of plants is a felony. Sentencing, though, is generally light. ACLU cited one example of an illicit grow site in the state with more than 100 plants in which the grower was sentenced to 30 days in jail and house arrest for six months. A grow site a fraction of that size hardly seems worthy of a full man hunt, certainly not one that sentenced the man to death.

Sometimes it takes unnecessary tragedy to make people wake up to the reactionary nature of our law enforcement agencies. Our lawyers only hope we will someday learn our lesson once and for all to prevent such incidents in the future. Even here in California, where both medical and recreational marijuana has been legalized, there are still laws to abide by and various levels of enforcement. California state law doesn’t always align with laws in each county or city, which could have stricter regulations and bans. There are also areas of the state that are simply friendlier to the marketplace than others. Our marijuana attorneys understand your rights in the face of overly harsh enforcement. We take on criminal defense cases for cannabis-related crimes in the Los Angeles, Orange County, and Riverside areas of Southern California.

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:

Police Say They Accidentally Ran Over a Fleeing Suspect with a Bulldozer During Pot Bust, July 13, 2018, By Joel Shannon, USA Today

More Blog Resources:

DEA Chief Woefully Unaware of Medical Marijuana Facts, May 21, 2018, Cannabis Law Group

disparity in marijuana arrests along race and socio-economic lines. These disparities have negatively impacted black people, Hispanics, and other oppressed groups. The efforts, however, are not producing immediately successful results. A report from New Frontier Data is showing that even now black and Hispanic suspects are arrested at nine times the rate of suspects who are white, despite the fact that data shows the three subgroups sell cannabis at similar rates.

According to the data, from 1997 to 2016, marijuana arrests made up more than 40 percent of drug-related arrests, totaling 15.7 million. Arrests overall from cannabis-related offenses have declined slightly in recent years, down from their height in 2007. This is likely reflective of states expanding marijuana legalization, though the numbers are not significantly lower than the overall average since 1997. For example, arrests for possession hit a low in 2015 of 575,000, but went up again in 2016 to 588,000, neither of which is much lower than 599,000 way back in 1998. Considering 30 states now allow provisions for medical marijuana and nine, plus Washington, D.C., have recreational laws on the books, these numbers should be improving more drastically over the 20-year-old stats. The data sets delved more deeply into what these arrests meant specifically for black and Hispanic people. A look at New York City is revealing that even the best intentions cannot overcome racial profiling and decades of anti-marijuana propaganda. Mayor Bill De Blasio made a campaign promise to address the inequity in marijuana arrests and convictions in the city. He took office in 2014, giving us data that is more reflective of a time when public perception of marijuana has been more favorable. Yet in spite of the improved climate and a mayor dedicated to change, disparity marched on. Black people in New York from 2011-2013, before De Blasio’s election, accounted for 51 percent of cannabis arrests. From 2014-2017 that percentage drops only slightly to 48.3 percent. During those same time periods, Hispanic people accounted for 34.3 percent and 38 percent of marijuana-related arrests respectively, meaning they actually grew in their share of overall arrests. Furthermore, 2018 isn’t shaping up to be any better, with 4,000 possession arrests in the first four months, 89 percent either being black or Hispanic. The percentage of cannabis arrests attributed to white people, meanwhile, went from 10.6 percent in 2011-2013 to 9 percent in 2014-2017.

Our Orange County marijuana arrest lawyers will be interested to see if New York will see broader changes now that the mayor is working on a path to legalization for the city and is planning to direct police not to arrest people for public consumption. In the meantime, the data acts as a cautionary tale that public opinion and good intentions are not enough to protect the people most affected by the bunk “War on Drugs.”

Practical marijuana laws need to be on the books, if not federally than at least similar to those here in California. Proposition 64 is designed to not only reduce cannabis-related arrests, but undo some of the damage done in the past. Even as such, recent data from the state attorney general shows Hispanic and black Californians are disproportionately being arrested, but because overall felony arrests have dropped by 74 percent from 2016 to 2017 after recreational legalization, a huge burden has been lifted from those communities. The law also allows for those with past marijuana convictions to petition to have their case reviewed, with most misdemeanors being erased completely and some higher level crimes being reduced depending on severity. Many cities are even doing the leg work on their own to review the records and set things straight for Californians. Our legal team is here to defend Southern Californians who find themselves in cannabis-related legal trouble, but we hope to see continued decriminalization efforts across the state and nation.

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:

National Arrests for Cannabis-Related Offenses 1996-2016, July 8, 2018, New Frontier Data

More Blog Entries:

Marijuana Possession Arrests Up in NYC, Despite Decriminalization, June 14, 2016, Cannabis Law Group

legalization: from health organizations and doctors to veterans, cancer patients, and NFL players. Support crosses age groups, socio-economic status, race, and gender. A recent report from High Times, however, revealed some groups who do not support marijuana legalization, and it paints an interesting picture of those who have profited most off of the criminalization of this relatively benign drug.

Several of the groups on the list are, no surprise, involved in the arrest and incarceration of marijuana users. Law enforcement officials, for example, have received a great deal of funding over the years that was earmarked for the barbaric and misguided “War on Drugs.” Despite much more dangerous and lethal street drugs, marijuana users have always been a favorite target. It’s no wonder, considering the docile effect cannabis can often have on users, as opposed to the aggressive, violent, and hyperactive responses other drugs can induce. Marijuana has allowed police officers the ability to go after low-hanging fruit, pull in big numbers, and still get paid the same. Many police stations have also benefitted greatly from asset forfeiture programs, in which they line their budgets with money made off of auctioning seized property in marijuana raids. It’s not like there would even be a lack of work to be done. Without marijuana, officers will have to focus their time and resources on more risky areas, such as meth labs and opioid rings, which will be far more challenging.From there, for-profit prisons and prison guards have much to gain from criminalization. Not only will there be fewer marijuana-related prosecutions and jail time, but states like California have opened up the opportunity for people to petition to have their charges reduced or expunged. Some cities are even automatically reviewing cases and making adjustments based on new laws on the behalf of those with relevant criminal records. That means some prisons could be losing inmates, i.e. their bread and butter. Data indicates prisons across the country could be losing up to $2 billion as a result of marijuana legalization. The lives of marijuana users are worth much more to them behind bars. This is one of the many reasons it is so important to seek the counsel of one of our marijuana criminal defense attorneys in Orange County to make sure someone is advocating for your rights.

Two other industries also stand to lose a significant amount of profit from marijuana legalization, but not because of the War on Drugs. On the contrary, pharmaceutical drug manufacturers feel very threatened by cannabis, which is fairly cheap and easy to produce. Many states even allow medical marijuana patients and/or their caregivers to grow their own plants, making it difficult for big pharma to figure out how to capitalize. Still there is plenty of room for companies to join to club. For example, FDA recently approved a liquid CBD-based drug specifically formulated for treating childhood seizures. There are numerous opportunities to harness the power of cannabis in ways that could help patients and break them from their dependency on far more dangerous drugs, like opioids.

The forestry industry also feels the heat from cannabis or, more specifically, hemp. Hemp is an excellent resource for creating paper, and it reproduces much quicker than trees. There’s no stopping the hemp industry now, though, especially with a recent push from the Senate to legalize this particular variety of cannabis. It would be wise for forestry workers, and all the other industries mentioned here, to rethink their models and embrace a future of cannabis legalization.

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:

About Six-in-Ten Americans Support Marijuana Legalization, Jan. 5, 2018, Pew Research Center

More Blog Entries:

Senate Plants Seed for Hemp Legalization, June 30, 2018, Marijuana Lawyer Blog