Sacramento Criminal Defense Lawyer Talks About The Passing of Proposition 64 in California

 
On Tuesday, November 8, 2016, the state of California passed Proposition 64 allowing the recreational use of marijuana for adults aged 21 and over. The proposition is now state law and is designed to control, regulate and tax the responsible adult use of marijuana.

The law has immediate implications, and beginning on Wednesday, November 9, 2016, adults aged 21 and older are legally allowed to possess, purchase and consume up to one ounce of marijuana and eight grams of concentrates. Using cannabis in public and driving while under the influence will remain illegal.

Aside from the obvious benefits to current cannabis users, the law is expected to have a significant and positive effect on the California State budget. The law imposes a 15% excise tax on all retail marijuana sales and a cultivation tax of $9.25 per ounce of flowers and $2.75 per ounce of leaves with exception for certain medical marijuana sales and cultivation. The law also dictates the creation of the California Marijuana Tax Fund and sets a strict guideline for the allocation of the new tax revenue. Approximately $20 million per year is allocated to researching the effects of cannabis and the effects of the laws implementation, and the remaining funds will be allocated as follows:

• 60% to youth programs including drug education, prevention and treatment
• 20% to prevent and alleviate environmental damage from the Marijuana industry
• 20% to local law enforcement

An important aspect of the law is that the legalization of use and cultivation goes into effect retroactively, meaning that the law will allow those with prior marijuana convictions to petition the courts to revisit cases that the new law legalizes.

For all those individuals interested in taking advantage of the new law immediately, there is unfortunately an interesting Catch-22 – getting the pot to smoke legally will not be easy, in fact it will be nearly impossible! Medical dispensaries cannot sell weed to retail customers and marijuana growers will not be able to sell to customers until they are licensed by the State, which won’t happen until January 2018.

An often overlooked portion of the law will allow for the immediate industrial production of hemp by California farmers, which will be regulated by the state’s Department of Food and Agriculture. Hemp is a valuable commodity that can be used for a wide range of commercial purposes and with California’s available farmland for the crop, the state is well positioned to become a major player in the market.

If you are being charged with a marijuana related crime, contact our Sacramento criminal defense lawyer immediately for a consultation.

Contact us online or call at (916) 441-4888 for a free and confidential initial consultation with an experienced Sacramento criminal defense lawyer, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.