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A guide on the law of marijuana’s legalization

The possession and use of Marijuana have always been the “THE NEXT BIG THING”. It has been so much into conversations and debates that, one is bound to role his eyeballs whenever the topic comes out in the discussion. For all those who love to smoke weed, the verdict of legalizing the Marijuana has been not less than an early Christmas gift. Adult use of cannabis has been legalized in California under Prop. 64, the Adult Use of Marijuana Act (AUMA), approved by the voters on Nov 8, 2016.

AUMA has allowed the adults with age starting from 21 and over to possess or privately use of Marijuana. One can cultivate the same at their residence but the limit has been set to not more than six plants for personal use only. It has also legalized the commercial sale and distribution along the production of cannabis for adult use at state-licensed facilities beginning January 1, 2018, under terms spelled out in the Medical and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) approved by the legislature in 2017.

A guide on the law of marijuana's legalization

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In the bill, the government gave argument over its benefits. Some of them are stated here:

  • The measure would result in reduced criminal justice costs for the state and local governments.
  • This is primarily related to a decline in the number of offenders held in state prisons and county jails for growing and selling marijuana.
  • The measure would also reduce the number of such offenders placed under community supervision (such as county probation).
  • In addition, the measure would likely reduce other criminal justice costs, such as state court costs for the handling of related criminal cases.
  • The above cost reductions would be partially offset by increased costs in several areas.
  • In particular, the courts would incur costs to process applications from individuals seeking to be resentenced or have their criminal records changed.
  • In addition, there would be costs to supervise resentenced offenders in the community.
  • These various costs would be incurred largely within the first couple of years following the passage of the measure.
  • In addition, there would be ongoing costs in a few areas. For example, there would be court costs to destroy records of arrest and conviction for individuals who commit certain marijuana-related crimes. In addition, there would be ongoing costs to operate drug education and counseling programs as required by the measure.
  • There would also be some increased criminal justice costs (such as county jail and state court costs) to the extent that increased marijuana use leads to increased marijuana-related crime (such as driving while impaired by marijuana).

In total, the net reduction in state and local criminal justice costs from the above changes could be in the tens of millions of dollars annually. In many cases, these resources would likely be redirected to other criminal justice activities.

Also Read: Top 5 reasons to legalize marijuana

For those who have been convicted of Marijuana, Crimes will be reconsidered in the court. The government wrote in the bill,

  • “Under the measure, individuals serving sentences for activities that are made legal or are subject to lesser penalties under the measure would be eligible for resentencing. For example, an offender serving a jail or prison term for growing or selling marijuana could have their sentence reduced.
  • (A court would not be required to resentence someone if it determined that the person was likely to commit certain severe crimes.)
  • Qualifying individuals would be resentenced to whatever punishment they would have received under the measure.
  • Resentenced individuals currently in jail or prison would be subject to community supervision (such as probation) for up to one year following their release unless a court removes that requirement.

In addition, individuals who have completed sentences for crimes that are reduced by the measure could apply to the courts to have their criminal records changed. “