It is important to remember that decriminalizing marijuana is not the same as legalizing marijuana. Decriminalization simply means that the state legislature has amended its marijuana law(s) to make certain acts illegal, but not subject to prosecution. In other words, California residents in possession of small amounts of marijuana will not be arrested and prosecuted, nor will they get slapped with a criminal record. In numerous states throughout America, possession of small amounts of marijuana is treated like a minor traffic infraction.
Federal Law
Also keep in mind that federal law supersedes state law. Due to the Controlled Substance Act, federal law does not permit the sale and consumption of marijuana. This means that in those states where marijuana has recently been legalized — Washington, Colorado, Alaska and Oregon — retail businesses cannot use federally regulated banks. This also prevents marijuana businesses from deducting expenses on their federal income taxes.
Call Hales & Associates, Attorneys at Law Today
If you have any questions regarding marijuana legalization in the state of California, please contact the attorneys at Hales & Associates, Attorneys to schedule your complimentary consultation. Having dedicated more than 20 years to assisting Murrieta clients with misdemeanor cases, our legal professionals are here to help.