Articles Tagged with marijuana lawyers

Most Californians are aware that recreational marijuana use was legalized in November 2016. What is less well known is that Proposition 64 (the Control, Regulate and Tax Adult Use of Marijuana Act, or “the Act”) also carried sentencing provisions, which eliminated penalties for minor marijuana offenses, and reduced penalties for more serious offenses such as selling or cultivating marijuana. More importantly, these provisions are retroactive. This has allowed many incarcerated Californians to file petitions under the Act and seek immediate release. Hundreds of inmates have achieved such release since the law took effect.  cannabis conviction attorneys

The Effects of Proposition 64

The Huffington Post reports that close to one million people in California qualify for relief under Proposition 64. This can include: reducing a felony conviction to a misdemeanor; terminating a sentence of probation or incarceration, expunging criminal records, or dismissing a pending case. The terms of Proposition 64 created a new law (California Health and Safety Code §11361.8) by which to facilitate the process of applying for relief.

Retroactive application of a sentencing law is unusual in and of itself, but §11361.8 is even more striking, in that it does not place a time limit on which the conviction must have occurred. Any person currently serving a sentence may apply for relief if he or she would not have been guilty – or been guilty of a lesser offense – had the Act been in affect at the time of the offense. Moreover, California courts are instructed to broadly grant petitions for relief. In order to deny such a petition, the court must determine that an unreasonable risk of danger to public safety would be posed by granting it. This creates a de facto legal presumption that qualified applicants are entitled to have their petitions for relief under the Act granted. This presumption can be challenged (and overcome) by a prosecutor, but it is still an advantage for defendants seeking relief from their sentences for marijuana offenses. Continue reading

People suffering from conditions of chronic pain or mental illness would rather consume cannabis than take their prescribed opioid medications. That’s according to a new study conducted by researchers with the University of Victory and the University of British Colombia.pills

According to the study’s co-author, this research is the first of its kind to follow people who had access to both medical marijuana and prescription pharmaceuticals, such as opioids, benzodiazepines and anti-depressants. The  study followed more than 250 people who were prescribed medication for formally diagnosed conditions ranging from chronic pain to gastrointestinal issues to mental health. In all, about 63 percent of respondents indicated they preferred to use cannabis over the prescriptions to treat chronic pain, depression and other conditions.

So why would people prefer pot? According to the study authors, it may have a lot to do with the reduction in side effects, as well as the overall feeling that marijuana is a lot safer than many prescription drugs.  Continue reading