Desperate times call for desperate measures. And in the time of an economic crisis, Californians must find a new way to face the current $20 billion deficit. In an attempt to solve the state's money troubles, some are hoping that a law to legalize, tax, and regulate the sale of marijuana will come into play.
The New York Times reported last week that the California voter initiative to legalize the possession and sale of marijuana officially qualified for the November ballot. The passage of this initiative would make California the first U.S. state to legalize marijuana.
Yet even with the proposed legalization, there would still be some constraints associated with the law. The initiative simply allows for the posession of an ounce (28.5 grams) or less of marijuana, but only for individuals 21 years of age or older. Passage of the ballot initiative would also make it legal to grow a limited about of cannibis in one's home for personal use. Under the current law, Health and Safety Code 11357 states that posession of one ounce or less of marijuana is a misdemeanor offense that is punishable by a $100 fine. People caught posessing small amounts of marijuana are sometimes jailed, even with a skilled Los Angeles criminal defense lawyer.
However, the proposed law makes it illegal to smoke marijuana around minors and would not permit smoking the drug in a public space. Reuters reports that the law also wouldn't outright legalize the sale of marijuana. The law simply just allows for cities and counties to pass laws of their own that would permit commercial distribution, which would be sujected to regulation and tax. The retail sale of cannibis would still be limited to once ounce for adults 21 years of age and older.
Related Resources:
- The Clash Between Federal Drug Law and California's "Medical Marijuana" Law (FindLaw Writ)
- Legalizing Marijuana Raises Concerns for Pot Growers (FindLaw Blotter)
- California Marijuana Laws (FindLaw)
- Find a Los Angeles Criminal Defense Attorney (FindLaw)
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