marijuana legalization

May 14, 2019

Understanding the CBD Food Craze in California

There is a great deal of information and misinformation about CBD in food and the legality of CBD in food. In 2018, California legalized recreational use of marijuana. Despite its legalization, many uses of marijuana are still illegal.

Consider the source: Is the article you are reading or video you are watching discussing the law in California?

If you answered ‘no’ to the question posed above, do not accept the use of legalized marijuana discussed in the article or video as true in California. While recreational use and possession of marijuana is legal in 10 states, including California and the western states of the country, use or possession of recreational marijuana is illegal, under federal law, in all 50 states. Moreover, in states where marijuana use and consumption are legal, there are many different laws about which use or possession is permissible. What is legal in Colorado will not be what is legal in California.

Can I add CBD to my food?

According to Project CBD, cannabidiol (CBD) is a naturally occurring compound found in cannabis, a plant. It is just one of the hundreds of compounds unique to the plant. The other compound that receives a great deal of attention is tetrahydrocannabinol (THC) which is the ingredient in the plant that causes the high – making the user feel “stoned” or intoxicated.

Hemp CBD has become a nation-wide health craze. There are many positive health benefits to the use of CBD to alleviate aches and pains associated with debilitating chronic conditions like cancer, AIDS, severe chronic pain, and other ailments. California legalized the use of medical marijuana in 1996.

Buying food with CBD is illegal in California. Last summer, the California public health regulators published guidelines explicitly stating that they will not consider CBD to be an approved food additive or dietary supplement until federal or state regulators approve it. Thus, Californians cannot buy food that includes CBD as a food additive or dietary supplement. Continue reading

May 10, 2019

Understanding the Legal Uses of Marijuana in California

by David M. Boertje

We are close to the one-and-a-half-year mark of the legalization of the use and possession of recreational marijuana in California. There is a tremendous amount of misinformation on what is the permissible use and possession of recreational marijuana. The following post will tackle some of these misconceptions.

Use and Possession of Marijuana is Only Legal in 10 states, Including California

When reading about legal marijuana, it is important to focus on the source. More importantly, the state the author is referencing in an article or video is a critical factor. Recreational marijuana is only legal in 10 states. They are California, Washington, Oregon, Nevada, Alaska, Colorado, Michigan, Maine, Vermont, and Massachusetts. Each state defines legal recreational marijuana use and possession differently. Use or possession of recreational marijuana is illegal, under federal law, in all 50 states.

Legal Marijuana can Only be Transported in a Closed Container in the Trunk of a Car

Even though use and possession of recreational marijuana is legal in California, certain uses and types of possession remain illegal and will result in an arrest and charge if detected by police. For example, drivers can possess marijuana in their vehicles so long as it is in a container in the trunk. Even though the driver purchased marijuana legally and possesses a legalized amount, if it is in an open container, in a purse, in a glove-compartment, or on the back seat, an arrest will follow. This law is similar to the open container rule relating to alcohol possession in a car. You would not drive around with an open beer bottle; you cannot drive around with a rolled-up joint on your dashboard. Both types of possession of the legal substance, alcohol or marijuana, will result in a criminal conviction for illegal possession of marijuana or alcohol.

Public Consumption of Marijuana is Illegal in California

Additionally, public consumption of marijuana is illegal in California. While there may be businesses that are licensed for on-site marijuana consumption in California, these businesses may not serve alcohol or allow tobacco use on their premises. This means that bars and clubs cannot allow marijuana consumption on their premises because they serve alcohol. Continue reading

January 22, 2018

California Offers Second Chance to People Convicted of Marijuana Crimes

by David M. Boertje

Thousands of people convicted of marijuana crimes in California have asked to get their records reduced since the state legalized recreational pot. Peddling pot, or in some cases, just the possession over a threshold amount, can be a felony that will mess up your life forever and keep you from getting a job.

The passage of Proposition 64 last year allows for those who are 21 and older to legally possess up to an ounce of weed, as well as grow up to six plants for personal use. In other words, it made pot “legal” to remove the stigma of a criminal conviction. A lesser-known provision of the law also allows those convicted of marijuana charges to wipe their rap sheets clean and offers hope for people with past convictions who are seeking work or loans. The provision allows for those convicted of marijuana crimes to reduce their felonies to small infractions. However, prosecutors have the discretion to not support a reduction should someone have a major felony, such as murder, on their record.

While it is hard to say how many people have benefitted, it is estimated that over 2,500 requests were filed to reduce convictions or sentences, according to partial state figures. San Diego County specifically, has led the charge with the most number of petitions reported and the reduced sentences or convictions in 400 cases.

Reducing Your Felony Conviction

Some defendants in California have always had the option to reduce their convicted felonies to misdemeanors. In the case of Prop. 64, those convicted of marijuana crimes can have their felonies reduced to infringements.

Under California Penal Code § 17(b), felonies can be reduced to misdemeanors if:

You are convicted to wobbler crimes such as felonies; and
Are sentenced to and completed felony probation for the offense.

A judge can take into consideration a multitude of factors when deciding whether to reduce a crime, such as the nature of the offense, the circumstances/facts, your compliance with your probation terms, your criminal history, and your personal history.

Reductions are different from expungements. Expungements close your records and seal them and makes it so you were never convicted. You are not eligible for expungements if you are currently charged with a criminal offense. Continue reading

November 30, 2016

California Just Legalized Recreational Marijuana: Here is What Will Happen Next

by David M. Boertje

This past election, California voters chose to join the ranks of their northern neighbors Oregon and Washington, along with Alaska, Colorado, and Massachusetts, to legalize the use of recreational marijuana. California Proposition 64, the California Marijuana Legalization Initiative (also referred to as the Adult Use of Marijuana Act), is the product of a long-fought ballot initiative. It is effective immediately, which means November 8 was the law’s date of passage.

Proponents of the ballot initiative have argued that drug charges disproportionally affect Hispanic or African-American communities, which have an arrest rate of 35% and 350% more often than whites, respectively. Additionally, California is predicted to earn $1 billion in from tax revenues. Most of that will be set aside for youth programs, cleaning up environmental damage caused by cannabis growers, and California Highway Patrol programs.

What Prop 64 Does