Proposition 19 Defeated

 Sacramento Defense Lawyer

Proposition 19, which would have legalized recreational use of marijuana in California, was defeated by voters in Tuesday's election 53.8% to 46.2%. https://askcompetentlawyer.com/ This means that marijuana use remains illegal in California, though a recent change to state law does significantly reduce the penalties.

If it had passed, Proposition 19 would have made it legal to: possess up to an ounce of pot; use it in a non-public venue such as one's home or a public venue licensed for marijuana consumption; and grow pot at one's residence in an area up to 25 square feet. It would have also permitted local governments to authorize the retail sale of up to an ounce of marijuana to people 21 years of age or older, as well as impose local taxes on those retail sales.

Because of the defeat of Proposition 19, possession and use of marijuana is still against the law. However, the passage in October of SB 1449 changes possession of less than an ounce of marijuana from a misdemeanor to an infraction as of January 1, 2011. This means that the penalties for less than an ounce will be a fine of up to $100, no jail time or probation, and no conviction on one's criminal record. Essentially, possession of a small amount of pot will be treated like a minor traffic violation or littering. Bear in mind, though, that possession of more than an ounce comes with substantially harsher penalties, especially if the charges include trafficking or sales.