CA: Prop. 64 Already Affecting Marijuana Court Cases In Merced County

Katelyn Baker

Well-Known Member
A number of cases in Merced Superior Court must be reviewed after California voters last week passed Proposition 64, allowing recreational use of marijuana, authorities said Wednesday.

In Merced County, a few cases that were strong felony offenses must be reviewed, and the charges could be reduced to misdemeanor charges.

Rob Carroll, chief deputy district attorney, said the new law will create more work for prosecutors. Carroll estimated "quite a few" cases will go under review, but said it's unclear how many.

"The voters have spoken, and we're going to comply with the law," he said.

In general, Proposition 64 made recreational use of marijuana legal for adults 21 and over, said Mikki Norris, a cannabis educator from the Friends of Prop 64. Adults are allowed to carry 1 ounce of marijuana or 8 grams of concentrate under the new law, which also allows people to have up to six plants grown indoors. Marijuana use in public spaces still is illegal.

Norris, who is also director of the Cannabis Consumers Campaign, spoke in August at a question-and-answer forum in Merced.

The law also immediately reduced penalties for marijuana-related offenses, she said. It reduces felonies to misdemeanors or an infraction. And people under 18 aren't subject to a criminal record if caught in possession of cannabis; instead they're required to complete drug education or counseling, and community service.

"We're already seeing the benefits of that for people facing felony charges," Norris said.

When it comes to enforcing Merced County's marijuana-nuisance ordinance, which permits no more than 12 outdoor plants per parcel, Proposition 64 has made things a bit fuzzy, Merced County sheriff's Sgt. Ray Framstad reported.

"All we can do as a county is ban outdoor growing," he said. "People will still always have the right to grow indoors."

County officials, including Sheriff Vern Warnke, are to meet in coming weeks to discuss how to regulate and enforce the recreational use of marijuana.

The county needs to come up with plans to deal with issues such as impaired driving and public use.

"We want to do it right," Warnke said.

Framstad said his message to teens remains the same: "Just because voters legalized marijuana, it doesn't mean it's not still a drug and harmful to youth."

For now, it's still illegal to sell marijuana or manufacture hash oil using butane. But people can share marijuana or give it away with no penalties, Norris said.

Starting Jan. 1, 2018, commercial activity will become legal and people can apply for cultivation, manufacturing and retail licenses. Businesses can also apply for permits for on-site consumption, but will be subject to local regulations.

The city of Merced in July passed an ordinance allowing marijuana dispensaries and indoor cultivation. But the city has declined to accept applications for dispensaries until regulations for licensing are in place.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Prop. 64 Already Affecting Marijuana Court Cases In Merced County
Author: Brianna Calix
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Photo Credit: Andrew Kuhn
Website: Merced Sun-Star
 
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