Legalized Cannabis: The Summit Nancy E. O Malley District Attorney Alameda County, California Nancy.omalley@acgov.org 510-272--6222
This Presentation will cover the following: Reduction of convictions from Felony to Misdemeanor Prop 64 Prop 47 Discharge of prior convictions Clean Slate Created by the DA in partnership with East Bay Community Law Center in 2006) PC 1203.4 Petitions DA s Office and legal cannabis transactions Preventing violence in the legal cannabis business
Prop 64 Prop 64 and Conviction Prior Convictions [a]uthorize[s] courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the Act, so long as the person does not pose a risk to public safety, and to redesignate or dismiss such offenses from the criminal records of persons who have completed their sentences as set forth in this Act.
Prop 64 Prior Convictions Under Proposition 64 it is now lawful for adults (21 and over) 1 to: Possess, process, transport, purchase, obtain, or give away to other adults one ounce (28.5 grams) or less of marijuana (Health Saf. Code, 11362.1(a)(1)). Possess, process, transport, purchase, obtain, or give away to other adults 8 grams of less of concentrated cannabis (Health Saf. Code, 11362.1(a)(2)). Possess, plant, cultivate, harvest, dry, or process six or fewer living marijuana plants and to possess the marijuana produced by those plants (Health Saf. Code, 11362.1(a)(3)). smoke or ingest marijuana products (Health Saf. Code, 11362.1(a)(4)). possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to another adult (Health Saf. Code, 11362.1(a)(5)).
Prior Convictions This means that if prior to Prop 64 you were convicted of any of the above marijuana offenses, you are now eligible to return to court and petition to have your conviction set aside.
Prior Convictions Reducing a prior felony conviction to a misdemeanor Under certain circumstances Must file a Petition with the Court and serve on the DA
Prior Convictions Reduction to Misdemeanor With Some Exception Possession of more than 28.5 grams of marijuana or more than 4 grams of concentrated cannabis by a person who is 18 years old or older, is now a misdemeanor punished by a maximum of 6 months in county jail and/or a fine of $500. (Health Saf., Code, 11357(b)(2), as revised by Prop 64.) Planting, cultivating, harvesting, drying or processing more than six marijuana plants by a person 18 years old or older is now a misdemeanor, punishable by a maximum of 6 months in county jail and/or a fine of $500.(Health Saf., Code, 11358(c), as revised by Prop 64.) Possession of any marijuana for sale by a person 18 years of age or older is now a misdemeanor punished by a maximum of 6 months in county jail and/or a fine of $500. (Health Saf., Code, 11359(b), as revised by Pro 64.) Transporting, importing into California, selling, furnishing, administering, or giving away, or offering to transport, import into this state, sell, furnish, administer, or give away, or attempting to import into this state or transport 28.5 grams of marijuana or more, by a person 18 years old or older, is a now a misdemeanor punished by a maximum of 6 months in county jail and/or a fine of $500. (Health Saf., Code, 11360(a)(2).)
Prior Convictions Generally speaking, Petitions for Expungement can be denied if The person either possessed more than 1 ounce of marijuana or was growing more than 6 plants. Petitioner is still eligible to Petition to reduce a felony to a misdemeanor. Petitioner is deemed to present an unreasonable risk of danger to public safety.
Prior Convictions Prop 47: Reducing certain Felony crimes to Misdemeanor HS Code violations: personal possession of drugs 11350 cocaine 11357 marijuana 11377 methamphetamine and other various scheduled drugs
Prior Convictions Prop 47: Reducing certain Felony crimes to Misdemeanor Penal Code violations: 459 Burglary, 2 nd Deg 459 Burglary Auto 470, 475, 476 Forgery 476 non-sufficient funds check 484 theft 484/666 theft with prior 487 grand theft (various subsections that identified theft of different objects 496 receiving stolen property
DA s Office Cannabis Transactions DA s Office is committed to the fair and reasonable enforcement of criminal laws governing cannabis transactions There are certain circumstances that are violations of the laws, such as to furnish any amount of nonmedical marijuana to a minor, whether or not the furnisher has a license to sell or dispense marijuana
DA s Office Marijuana Transactions The control of marijuana production and sale will fall to various state agencies, including the newly created Bureau of Marijuana Control, which will oversee the licensing, taxation and commercial operation of commercial marijuana in CA Cities and County have authority to regulate marijuana production and sales within its jurisdiction Law applies to adults over the age of 21
Prevention Working with lawful marijuana operators to prevent crimes Safety of workers and facilities is paramount Banking and depositing proceeds Advertising Avoid advertising to minors Other strategies