If California voters pass Proposition 64 on November 8th, it would — for the most part — become binding law the following day. The amendments would impact more than simple possession of marijuana, however eliminating State criminal penalties for adults in possession of user quantities of marijuana (less than 28.5 grams) for recreational use is perhaps the broadest change. In some instances the law will even apply retroactively, which may afford those who have been previously convicted of marijuana related crimes additional options to minimize or cleanse their criminal record.
Many related laws would remain unchanged; for example, driving while under the influence of marijuana would remain a crime. California courts, prosecutors, and defense attorneys should all be preparing for this major shift as the most recent polling data suggests that Proposition 64 will pass.