Video – Attorney Andrew Dósa Answers: How Has The Legalization Of Marijuana Affected The Drug Sentencing Laws?
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“How often does the law adjust to the changing circumstances of the current climate?”
Andrew Dósa – Criminal Defense Attorney – Alameda County, CA
“I will say there is a huge ‘sea’ change in California, and it has to do with marijuana grow cases. Outlying counties that were typically known as the worst place for the defendant to be on a marijuana grow or a marijuana possession for sale case, now, changes are in place. For example, I have a case in Mariposa County. There, the defendant was arrested with 12 pounds of marijuana. If the District Attorney doesn’t look at it as a possession/transportation case, in contrast to a possession for personal use over time, then they’re more likely to follow a county ordinance which says, ‘a marijuana plant will yield one pound of marijuana’.
So, if the county allows 12 plants, you can have as much as 12 pounds of marijuana. And what a coincidence! My client happens to have 12 pounds of marijuana. The question next is…will that District Attorney look at it differently? And they are willing to consider misdemeanor sentences for defendants. Previously, it was a state prison confinement, 16 months to two or three years, and maybe more if they wanted to put two counts on the defendant. So there’s a ‘sea’ change in California regarding marijuana grow cases.”
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