When a person is arrested for committing a crime, he may be charged with either a state crime or a federal crime. Who has jurisdiction over what crime has been called into question in recent years. More and more states are making certain drugs, such as recreational marijuana, legal, but it remains a federal crime.
It seems that drug laws in California are changing all the time these days.
With recent laws, such as Proposition 47 passed in November 2014, the penalties for many drug crimes have been reduced or altered. Of course, any drug crime will have different penalties for different individuals depending on how many prior offenses they have, and the circumstances of the crime.
California voters changed the landscape of the state when they voted in Proposition 64 in November 2016. That move made marijuana legal both medicinally and recreationally under the Adult Use of Marijuana Act in January 2017. Now, San Francisco is taking another radical step with regard to marijuana convictions.
Recreational marijuana in California became legal on January 1, 2018, but the new laws came with some restrictions. And while many college and university students in San Diego were quick to light up and enjoy the new legislation, they may want to think twice about doing so on campus.
Many people in San Diego looked forward eagerly to January 1, 2018—the day that recreational marijuana became legal in California. But before you blaze any further, there are a few things you should know. Marijuana is not legal for everyone, and there are still restrictions in place. Understanding the new laws will help everyone abide by them, and ensure you stay arrest-free!
While California was the first to make medicinal marijuana legal back in 1996, it was the fifth state in the country to legalize recreational pot. Now, those who just want to smoke every now and then can, as they might have a glass of wine. But when the vote came in on Proposition 64 in November 2016, there were still some questions left.
One of those was how much marijuana a person can legally possess in California.
As marijuana laws continue to change and develop in California, understanding what constitutes as Marijuana DUI can be difficult. How do police officers legally determine if a driving is under the influence of marijuana, let alone other drugs? While officers have more proven methods to determine alcohol impairment—standardized field sobriety tests, breathalyzers, blood tests, and a set BAC amount— determining impairment due to marijuana is not as defined.
Recent coverage of California's Proposition 47 has left a confusing image in some people's minds. An article in the Washington Post highlighted the life of one man who has been in and out of jail multiple times over the last few months, only to be released for misdemeanor offenses.
Under Prop 47, six low-level offenses were reduced to misdemeanors in California to help limit incarceration for minor crimes and reduce jail crowding. While the article attributes his in and out jail habits to the new change in policy, law enforcement individuals note that repeated drug offenders come in and out of the system is actually a common issue that has existed prior to any changes.
As you may know, attitudes about the medicinal and recreational use of marijuana are changing throughout the United States. While a number of states have recognized the medicinal benefits of cannabis, most still uphold strict laws against the possession and/or use of this drug. Fortunately for California residents, the penalties for marijuana possession in this state are not quite as severe as those imposed in other parts of the country. Even so, you should not take these charges lightly. Depending on the type and amount of marijuana that is discovered in your possession, you could either be slapped with an infraction or charged with a serious criminal offense. This will be decided as follows:
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