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Prohibition on Drugs Article

2016 CA Proposition 64:

On November 8, 2016, California voters passed Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act (Prop. 64)).  It legalizes the responsible use of marijuana by adults 21 and over and reduces the criminal penalties for most remaining marijuana offenses from felonies to misdemeanors and some misdemeanors to infractions.  Prop. 64 applies to both juveniles and adults.  This guide only covers adults. 

In addition to legalizing the responsible use of marijuana by adults 21 and over, Prop. 64 allows most people previously convicted of most marijuana felonies to have a judge reclassify their felony convictions as misdemeanors.  It also allows most people previously convicted of marijuana misdemeanors to have a judge reclassify their misdemeanor convictions as infractions.  Finally, it allows some individuals to have their prior convictions dismissed and sealed entirely.

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Marijuana Possession in California

https://www.mycaliforniadefenselawyer.com/criminal-charges/marijuana-possession/#:~:text=Possession%20of%20Marijuana%20%E2%80%93%20Greater%20than,if%20you%20are%20found%20guilty.

Report on drug arrests in California in 90s:https://oag.ca.gov/sites/all/files/agweb/pdfs/cjsc/publications/misc/drugarrests-full-report.pdf

Social Control

When it comes to social control with cannabis, there are different aspects to consider. Not only do we assess legislative leaders and the way they vote on cannabis, but we also must consider the federal regulations and taxation that contribute to social controls. For instance, according to a report on the U.S. customs and border protections, the American industry, although banned the main usage of marijuana, was still using products similar such as hemp seeds, oils etc leading to the previously discussed marijuana tax act.

The Tax act provisions required importers to register and pay an annual tax of $24 and receive an official stamp. Stamps for Products were then affixed to each original order form and recorded by the state revenue collector. Then, a customs collector was to maintain the custody of imported marijuana at entry ports until required documents were received, reviewed and approved.Shipments were subject to searches, seizures and forfeitures if any provisions of the law were not met. Violations would result in fines of no more than $2000 or potential imprisonment for up to 5 years. Often times, this created opportunity for corruption, stolen imports that would later lead to smuggling, often times by state officials and tight knit elitists.

Possession:

• 1975: California reclassifies cannabis possession from felony to misdemeanor
• 1996: California was first state to legalize medical marijuana (Proposition 215, Compassionate Use Act)
• 2011: California decriminalizes marijuana possession (reduced the charge of possession of one ounce of cannabis or less, from a misdemeanor to an infraction, similar to a traffic violation"”a maximum of a $100 fine and no mandatory court appearance or criminal record) (SB 1449)
• 2014: California reclassifies certain drug possession offenses (Proposition 47) (reclassified many low level theft and drug possession offenses from felonies to misdemeanors)
• 2016: California legalizes recreational marijuana (Proposition 64)

On November 6, 1996, the California Compassionate Use Act (Health & Safety Code 11362.5) took effect, making it legal for patients with certain illnesses and approval from a licensed physician to for medicinal purposes and for their designated primary caregivers to cultivate the drug. However, even with legal protection, patients and growers continue experiencing harassment from law enforcement in the form of confiscation, arrests, and raids. Additionally, this statute does not exempt individuals from federal prosecution, although officials have stated that they will not specifically target individual patients.

Summary:

There has been a number of legislative amendments regarding the possession of cannabis. Specifically, following the prohibition era and the declared "war on drugs," the California state government changed many policies around not only medicinal use of marijuana but also recreational use. For instance, the reclassification of cannabis schedule in 1975, created a short version of decriminalization with becoming the first state to legalize medical marijuana in 1996 with proposition 215. Proposition 215: Compassionate Use act, would allow use of marijuana for individuals with specific illnesses in addition to protections for professional administers and physicians that prescribe patients. However, legal protections were still not enough in that patients, cultivators and physicians continue to experience harassment, raids, and arrests. This later led to the reclassification of possession offense by reducing the fines and charges possession of one ounce of cannabis or less and from a misdemeanor to an infraction, which is very similar to a traffic violation. A maximum of a $100 fine would be payable to the courts with no mandatory court appearance or criminal record according to SB 1449 in 2011.