In the past, one could be convicted for growing marijuana at home. In fact, there were thousands of cases involving illegal marijuana growing every year. As a result, some of them were convicted and are now serving varying jail terms depending on the crimes they had committed. With the passing of the new law that makes it legal to use the drug for medical purposes and grow not more than six plants at home, one can have their case reviewed, and the conviction wiped out. However, that does not mean that everyone in jail will be released now that the law has legalized cannabis. Remember that as at now, the law is not yet fully implemented. But still with the new law governing the marijuana industry, some crimes remain punishable.
So Which Cases Can Be Cleared Under the New Law?
One of the provisions in the new cannabis law allows those who were convicted before the passing of the famous Proposition 64 to file petitions in court seeking to have their cases terminated or wiped out. But even with that provision, one would ask if all cases can be petitioned and revisited. Well, to put things clear here, one needs to have the knowledge of those acts that were criminal in the past but are now legal. It’s good to remember that the new law didn’t legalize everything. We ought to understand that some activities involving cannabis remain punishable. So before going ahead to file a petition seeking to have your case revisited, find out if the offense you committed is legal now, or it remains wrong. For instance, if you had sold to minors or you were found driving while high, then you might not be able to petition and have it successfully cleared.
For convictions that were as a result of cultivating less than six marijuana plants, then this is your time to clear your legal record. According to the newly passed laws, one is allowed to cultivate up to six plants at home. That means remaining in jail for an act that’s legal now won’t be right. You can have that record changed. That’s just an example because there are many activities that were illegal in the past but are now allowed following the passing of the new law. But as you grow it at home, you need to ensure that you are doing it as recommended. Besides that, ensure that you do not make the plant accessible to your kids or anyone below the age of 21. Do everything as stipulated, and you won’t have any problem or stand a chance of being charged with crimes related to cannabis.
Don’t Be a Nuisance to Your Neighbors Once You Are Cleared and Released
You can be banned or stopped by your local community for being a nuisance to your neighbors. So as you enjoy the activities that have been legalized by the new cannabis law, ensure that whatever action you are doing is right and not posing a danger to those you live with in your place. The most sensitive area is the growing of the drug at homes. As a farmer, it’s your responsibility to ensure that the activities you do are protected and within your area only. Any negative spillover effects to your neighbor can become a nuisance and your risk facing the law. To avoid such circumstances, you need to keep your marijuana farm at home protected and only accessible by you. Remember kids are playful, and they can easily find a way to your farm. Don’t also forget that some of them are curious and might be tempted to find out what you are growing. Therefore, fence and secure your farm, so you access alone.
Local authorities have the power to regulate the activities involving marijuana through zoning laws. If they feel that the businesses being run are not good, they can stop them and restrict any further activities that are not in line with the provisions of the law. When the activities are a threat to the community, the law gives them the power to dictate what ought to be carried out and what should be avoided. As a user of medical cannabis or a clinic offering services in any part of the state, it’s your duty to promote the welfare of the community by not engaging in any malpractice that could lead to you being banned from carrying out your activities anymore. You, of course, do not want to find yourself in that. To avoid it, do what’s acceptable by the law and to the community around you.
Now you can exercise the freedom given by the recently passed Proposition 64. If you were convicted and currently serving a jail term for an offense that’s now legal, then this is your time to have your record cleared. However, ensure that the activities you do are legal and acceptable. Don’t forget that you can still be prosecuted for cannabis crimes. Get licensing and obey the law if you want peace of mind and success in your activities.