Aftershocks of Prop 64
Continued from page 13 infused alcohol has been charged like cooking meth all over the state of California, but there is now precedent for this process to be treated the same as making marijuana brownies, which has always been considered a lawful activity for cannabis patients. Also, it is not uncommon for district attorneys to charge a felony conspiracy on top of a misdemeanor such as cultivation. Of course Proposition 64 wasn’t all leniency. Now that the general behaviors of use, possession, cultivation, and processing are lawful, certain manifestations of that behavior are unlawful. For instance, while adults are allowed to smoke cannabis, they cannot do so while driving a vehicle or within 1,000 feet of a school, day care center, or youth center while children are present (unless on the grounds of a private residence and not detectable where the children are present). There is very little science to back up cannabis DUIs and we expect to see new technology and new case law in this area.
Under Health and Safety Code section 11470, all money furnished or intended to be furnished by any person in exchange for a controlled substance (including cannabis), all proceeds traceable to such an exchange, or all money used or intended to be used to facilitate any violation of a number of Health and Safety Code sections, including common cannabis crimes like possession for sale, transportation, and manufacturing, is subject to forfeiture. In many cases, a criminal conviction is required before the assets may be forfeited. In 2016, California Senate Bill 443 raised the threshold from $25,000 to $40,000, meaning that if the state is seeking to have less than $40,000 forfeited from a defendant, then the defendant must be convicted in
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Joseph Tully is a criminal defense attorney, certified specialist in criminal law by the California State Bar. He has been in private practice since 2001, co-founding Tully & Weiss with law partner, Jack Weiss, after getting his experience at the Fresno County Public Defender’s office starting in 1999. Tully is the Section Leader of the CCCBA Criminal Section.
The average survival rate is eight years after being diagnosed with Alzheimer’s — some live as few as three years after diagnosis, while others live as long as 20. Most people with Alzheimer’s don’t die from the disease itself, but from pneumonia, a urinary tract infection or complications from a fall. Until there’s a cure, people with the disease will need caregiving and legal advice. According to the Alzheimer’s Association, 10% of the population age 65 and older has Alzheimer’s disease. Of the 5.5 million people living in the U.S. with Alzheimer’s disease, the majority live at home — often receiving care from family members.
Civil Cases Another common feature of cannabis cases that Proposition 64 did not touch is civil asset forfeiture. Because cannabis is still federally illegal, the cannabis industry is heavily restricted in its interactions with banks and thus it is still largely cash-based. Therefore, when cannabis is seized during a search, quantities of cash are often present, and the DA will usually seek to have the currency forfeited to the state as proceeds from unlawful activities. This procedure is entirely separate from the criminal case and follows civil rules, including civil discovery procedures.
the related criminal action. While this change is well intentioned, it means that even if a person is fully acquitted in the criminal case, the state can still seek to forfeit seized assets as long as they are worth more than $40,000.
Protect your loved ones, home and independence, call elder law attorney
Michael J. Young Estate Planning, Asset Protection, Medi-Cal, Long-term Care & VA Planning
Alzheimer’s Planning
925.256.0298 lawyoung1@gmail.com www.WalnutCreekElderLaw.com 1931 San Miguel Drive, Suite 220 Walnut Creek, California 94596