Category: News

LA Rams Cornerback Troy Hill Arrested on Suspicion of DUI After Crash

Posted by Staff on November 21, 2016

This past weekend Los Angeles Rams Troy Hill, a cornerback for the NFL football team, was arrested after an automobile crash on Saturday morning on suspicion of DUI (driving under the influence).

Rich Hammond from PressTelegram.com reports, “Authorities said Hill, 25, was driving on the 101 Freeway in the San Fernando Valley when his Mercedes rear-ended a truck. Hill reportedly failed a field sobriety test and was arrested by the California Highway Patrol at 8:15 a.m.” [1]

The crash scene was in Encino, California. “The California Highway Patrol received a report that a Mercedes Benz and a big rig had crashed on the westbound 101 Freeway west of Haskell Avenue just before 8 a.m., according to the CHP,” reports Jessica Rice for NBC. [2]

Of the Troy Hill arrest, Darren Kavinoky, founding attorney of 1.800.NoCuffs, explains, “Anytime police smell alcohol that they believe is coming from the driver, a DUI investigation is certain to follow. It doesn’t matter if it’s eight in the morning, eight at night, or anywhere in between.”

Understanding DUI Evidence

Kavinoky adds, “There are four major categories of evidence that police and prosecutors will always look to when evaluating a potential DUI prosecution. These include driving pattern, physical signs and symptoms, field sobriety test performance, and chemical test results (The refusal to submit to a post – arrest chemical test, which can be introduced as consciousness of guilt.)” See the Infographic below.

The holidays bring celebrations translating to an increase of DUI checkpoints and Thanksgiving weekend arrests for DUI on the roads. “A good criminal defense attorney,” says Kavinoky, “especially one who knows the junk science frequently associated with a DUI arrests, may be the best and most valuable player for the Rams this season!”

SOURCES
1. Rich Hammond. November 19, 2016. Press Telegram. “LA Rams’ Troy Hill arrested on suspicion of DUI after 101 Freeway crash.” Retrieved via http://www.presstelegram.com/general-news/20161119/la-rams-troy-hill-arrested-on-suspicion-of-dui-after-101-freeway-crash.

2. Jessica Rice. November 2016. NBC. “LA Rams Cornerback Troy Hill Arrested for DUI” Retrieved via http://www.nbclosangeles.com/news/local/LA-Rams-Cornerback-Troy-Hill-Booked-for-DUI-402069786.html

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs.

DUI Makes Thanksgiving a Deadly Time on the Roads

Posted by Nicole Hanratty on November 18, 2016

Thanksgiving is coming and that means an increase in DUI danger on the roads. According to the Center for Disease Controls, “In 2014, 9,967 people were killed in alcohol-impaired driving crashes, accounting for nearly one-third (31%) of all traffic-related deaths in the United States.” [1]

Holiday-related spikes in binge drinking and drunk driving are expected to start on Thanksgiving Eve and continue through New Year's. (PRNewsFoto/Alcohol Monitoring Systems, Inc.) — Holiday-related spikes in binge drinking and drunk driving are expected to start on Thanksgiving Eve and continue through New Year’s. (PRNewsFoto/Alcohol Monitoring Systems, Inc.)

A press release by About Alcohol Monitoring Systems, Inc. (AMS) reveals, “New data from 500,000 DUI offenders tested 24/7 for drinking, shows that violations among the monitored group are 38 percent higher than average on Turkey Day, and see a 31 percent jump during the long Thanksgiving weekend.” [2]

The AMS report qualifies that the pool of data is collected from people wearing one of their monitoring devices. So they have already been convicted of a DUI. The company’s spokesperson Kathleen Brown explains:

“The people we monitor have been court-ordered not to drink, know they’ll get caught, and know there will be consequences, including jail time. So you can imagine the rate of drinking for those who aren’t being monitored.”

The infographic (see above) released by AMS calls Thanksgiving Eve “Blackout Wednesday” and says it is a day with more alcohol consumption in some areas than New Year’s Eve or St. Patrick’s Day. AMS reports that they see a 31% “jump in violations for DUI Offenders Monitored with SCRAM CAM®.” [3]

If you are looking for more information on Scram Systems please visit https://www.scramsystems.com/.

“All 50 States, the District of Columbia, and Puerto Rico have by law set a threshold making it illegal to drive with a BAC of .08 g/dL or higher. In 2014, there were 9,967 people killed in alcohol-impaired driving crashes, an average of 1 alcohol-impaired-driving fatality every 53 minutes. These alcohol-impaired-driving fatalities accounted for 31 percent of all motor vehicle traffic fatalities in the United States in 2014.” [4]

SOURCES
1. CDC. Retrieved via http://www.cdc.gov/motorvehiclesafety/impaired_driving/impaired-drv_factsheet.html.

2. Press Release. Alcohol Monitoring Systems, Inc.

3. AMS. Infographic. Holiday-related spikes in binge drinking and drunk driving are expected to start on Thanksgiving Eve and continue through New Year’s. (PRNewsFoto/Alcohol Monitoring Systems, Inc.) Retrieved via: http://photos.prnewswire.com/medias/switch.do?prefix=/appnb&page=/getStoryRemapDetails.do&prnid=20161117%252f440912%252dINFO&action=details.

4. Department of Transportation (US), National Highway Traffic Safety Administration (NHTSA). Traffic Safety Facts 2014 data: alcohol-impaired driving. Washington, DC: NHTSA; 2015 [cited 2016 Feb 5]. Available at URL: http://www-nrd.nhtsa.dot.gov/Pubs/812231.pdf.

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Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs.

Steven Avery Nephew Brandon Dassey May Not be Released from Prison

Posted by Staff on November 17, 2016

On the heels of Monday’s announcement via CNN that Brandon Dassey (who was featured in “Making a Murderer” series on Netflix) would be released from prison, today a reversal announcement has been made according to TMZ. [1, 2]

Now 27 years old Dassey was convicted for confessing to the crime of murdering Teresa Halbach when he was 16. “In 2005, Dassey, then 16, confessed to authorities that he assisted his uncle, Steven Avery, in raping and killing photographer Teresa Halbach, whose charred remains were found in November 2005 on Avery family property in Manitowoc County, Wisconsin.” [1]

Watch Darren Kavinoky discuss the Steven Avery case on “Did He Do It” here on Investigation Discovery.

The Steven Avery case has given rise to strong opinions–either arguing for or against his and his nephew’s innocence in the murder trial of Teresa Halbach. The theories stem from the September 11, 2003, exoneration with DNA proof that Avery was wrongfully convicted of rape. Avery served nearly twenty years for a crime he didn’t commit. Now Steven Avery faces life in prison for the conviction of the October 31, 2005, murder of 25-year-old Teresa Halbach for which conspiracy theorists believe he was framed. This week, “the judge ruled investigators tricked Dassey, who was 16 at the time and suffered from cognitive problems, into confessing.” [3]

In the “Did He Do It” episode, Darren Kavinoky, founding attorney of 1.800.NoCuffs, says, “I’ve been in this business a long time. And there’s one thing that should happen but rarely does. The government figuring out it might have convicted the wrong guy and then doing something to fix their mistake.”

SOURCES
1. Azadeh Ansari. November 15, 2016. CNN. “‘Making a Murderer’s’ Brendan Dassey ordered released from prison.” Retrieved via http://www.cnn.com/2016/11/14/us/making-a-murderer-brendan-dassey-release/index.html.
2. TMZ Staff. November 17, 2016. TMZ. “‘Making a Murderer’ Brendan Dassey will not be released…for now.” Retrieved via http://m.tmz.com/#article/2016/11/17/brendan-dassey-released-making-a-murderer/.
3. Tribune news services. November 16, 2016. Chicago Tribune. “Judge orders ‘Making a Murderer’ inmate Brendan Dassey released by Friday; state appeals.” http://www.chicagotribune.com/news/nationworld/midwest/ct-brendan-dassey-release-making-a-murderer-20161116-story.html

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs.

JPMorgan to Pay $264 Million to Settle Allegations of Bribery

Posted by Staff on November 17, 2016

JPMorgan, according to reports today, have agreed to pay $264 million to settle allegations that they violated the Foreign Corrupt Practices Act of 1977, also known as the FCPA, by hiring the children of wealthy Chinese to obtain their business.

The federal authorities claimed that JPMorgan was in violation of the Foreign Corrupt Practices Act which states:

“The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. (“FCPA”), was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business.” [3]

The jobs offered to the children, in this case, were the payments that federal authorities accuse JPMorgan of using as bribes to gain the business of their foreign parents.

The New York Times reported yesterday that, “federal authorities have determined that [JPMorgan] hired the children of Chinese leaders as part of a quid pro quo to win business in the booming nation, clearing the way for a costly punishment.” [1]

Darren Kavinoky, founding attorney of 1.800.NoCuffs, says, “This case is an excellent example of why an individual or entity wants to involve a skilled criminal defense lawyer as early in the game as possible.”

Per a CNN report today by Matt Egan, “JPMorgan Chase improperly hired the ‘unqualified’ children of China’s ruling elite to win lucrative business from the country’s key decision makers, authorities alleged on Thursday.” [2] This appears to resolve a near three year investigation by federal authorities into the bribery allegations.

The “Sons and Daughters” program afforded privileges to the children of Chinese “ruling class.” The jobs were offered to win business. [2] The financial services firm “has agreed to pay more than $130 million to the SEC, $72 million to the Justice Department and $62 million to the Federal Reserve.” [2]

Kavinoky adds, “Criminal defense attorneys can do their best work prior to an indictment or a case being filed. It is far better to kill monsters when they are little, rather than waiting until they are full-size Godzilla’s who are rampaging your town!”

SOURCES
1. Ben Protess and Jessica Silver-Greenberg. New York Times. November 16, 2016. JPMorgan Is Said to Settle Bribery Case Over Hiring in China. Retrieved via http://www.nytimes.com/2016/11/17/business/dealbook/jpmorgan-is-said-to-settle-bribery-case-over-hiring-in-china.html.

2. Matt Egan. CNN. November 1y, 2016. “JPMorgan hired kids of China’s elite to win business, U.S. charges.” Retrieved via http://money.cnn.com/2016/11/17/investing/jpmorgan-china-hiring-bribery-settlement/index.html

3. Foreign Corrupt Practices Act. Retrieved via https://www.justice.gov/criminal-fraud/foreign-corrupt-practices-act.

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Citizen Journalism Leads to Second-Degree Manslaughter Charge

Posted by Staff on November 16, 2016

Citizen journalism and a live facebook stream led to second-degree manslaughter charge being handed out to Jeronimo Yanez, a St. Anthony police officer according to a CNN report. An incident between Philando Castile and the Minnesota police officer resulted in the officer fatally shooting the victim.

The shooting happened at a traffic stop for a broken tailgate per the victim’s girlfriend statement in the video in July 2016. Per CNN, the officer “was charged Wednesday with second-degree manslaughter and two felony counts of dangerous discharge of a firearm, Ramsey County Attorney John Choi said.” [1]

Founding attorney of criminal defense law firm 1.800.NoCuffs Darren Kavinoky says, “This is a case that may never have been filed were it not for ‘citizen journalists‘ armed with smartphones. That said, while there are always special challenges as a criminal defense lawyer representing law enforcement officers, those problems are amplified when the alleged crime (or, like in this case, the aftermath) is caught on tape.

Adds Kavinoky, “As a criminal defense attorney who has spoken to hundreds of jurors after criminal trials, I know first hand how powerful video evidence can be. The adage that a picture is worth a thousand words is never truer than inside a criminal courtroom.”

After reviewing this video evidence the Ramsey County Attorney John Choi did not find evidence that deadly force was warranted. You can watch the video here:

SOURCES
1. Ralph Ellis. CNN. November 16, 2016. “Officer charged with manslaughter in Philando Castile killing.” Retrieved via http://www.cnn.com/2016/11/16/us/officer-charged-philando-castile-killing/index.html

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

The Death Penalty and Criminal Justice in America

Posted by Nicole Hanratty on November 16, 2016

The state of California passed new legislation in the November 2016 election regarding the death penalty. California law will keep the death penalty in place and shorten the appeals process for inmates on death row in California prisons.

Proposition 62 “Repeal of the Death Penalty” was voted down by a 53.7% majority in California this month according to State reported returns. [1] And while this sounds close in numbers, looking at the counties that voted in favor of the measure, it was a landslide victory. The only counties in California that voted to repeal the death penalty are largely coastal and include Humboldt, Mendocino, Sonoma, Yolo, Alpine, Marin, Contra Costa, Alameda, San Francisco, San Mateo, Santa Cruz, Monterey, Santa Barbara, and Los Angeles.

Proposition 66 won by a much closer margin in California at just 51%. Prop 66 addresses “Death Penalty. Procedures. Initiative Status.” This measure gained support from counties that predictably also supported Prop 62. The majority of coastal counties voted against Prop 66.

The measure passed changes that affect the current procedures that are followed regarding both death penalty convictions and sentences. It limits the number of “successive petitions” that can be filed and “establishes [a] time frame for state court death penalty review.” Proposition 66 also allows inmates to be transferred among California prisons, and it “exempts prison officials from existing regulation process for developing execution methods.” In addition, the new legislation increases the amount of money that can be taken from an inmate’s “wages” and given to their victim(s) for restitution. [2]

Pew Research Center recently published “5 facts about the death penalty” by David Masci on the heels of the passing of new legislation regarding capital punishment. It wasn’t just California that had measures on the ballot this year. Nebraska and Oklahoma also voted on measures that support this form of sentencing.

Masci points out the following [3] in his article:

1. 31 states and the federal government utilize the death penalty as means of punishment.
2. Support for capital punishment tends to be partisan. Says Masci, “34% of Democrats favor the death penalty, compared with 72% of Republicans.”
3. To date, 2016 has seen the execution of 17 inmates.
4. A 71% majority of adults admit that there is a risk that “that an innocent person will be put to death.”
5. According to Pew Research Center, opinions about the death penalty to see “racial and gender divides.” Men are more likely to favor it than woman says Masci, as do “a majority of whites (57%) …compared with 29% of blacks and 36% of Hispanics.”

For more information about capital punishment visit Death Penalty Information Center.

SOURCES
1. Secretary of State Website. Retrieved via
2. California Secretary of State. “California General Election November 8, 2016, Official Voter Information Guide.” August 18, 2016. Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/complete-vig.pdf.
3. David Masci. Pew Research Center. November 14, 2016. “5 facts about the death penalty.” Retrieved via .
4. Death Penalty Information Center. http://www.deathpenaltyinfo.org/

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Playmate Proves Golf Cart DUI Can Be Serious Arrest

Posted by Staff on November 15, 2016

Can you get a golf cart DUI in California? Yes, you can. A playmate was recently arrested for driving under the influence while operating a golf cart, per TMZ’s report.

Just as the Dani Mathers playmate body shaming arrest buzz was dying down, a new playmate is in the spotlight for being arrested.

TMZ reports that Ashley Mattingly now “faces 4 charges for allegedly plowing her golf cart into 4 parked cars while she was hammered.” [1] The 2011 Playmate of the Month lives in Laguna Beach.

Darren Kavinoky, founding attorney of 1.800.NoCuffs, comments on the case. Kavinoky, who has decades of experience fighting DUI cases, says, “Many people mistakenly believe that if they are traveling by unconventional means, such as a golf cart, they are outside the long arm of the law. As this case illustrates, nothing could be further from the truth.”

Kavinoky adds, “DUI laws, and what constitutes a ‘vehicle’ for purposes of those drunk driving laws, will vary from state to state. But it’s possible to get arrested on golf carts, motorcycles, ATVs, and more.”

Mattingly initially told police at the time of arrest that someone stole her golf cart and denied involvement, per TMZ. [2] Mattingly faces charges in Orange County by the D.A. “She faces three counts of driving under the influence and one charge for a hit-and-run involving property damage. All four are misdemeanors,” Golf Digest reports.

SOURCES
1. TMZ Staff. November 13, 2016. “Playmate Ashley Mattingly Charged for Drunken Golf Cart Ride.” Retrieved via http://www.tmz.com/2016/11/13/ashley-mattingly-playmate-dui-hit-and-run/.

2. TMZ Staff. October 1, 2016. “Ashley Mattingly Arrested For Drunken Golf Cart Joyride.” Retrieved via http://www.tmz.com/2016/10/01/playmate-ashley-mattingly-arrested-golf-cart/.

3. Alex Myers. Golf Digest. November 14, 2016. “Former Playboy Playmate Ashley Mattingly charged with drunk driving a golf cart.” Retrieved via http://www.golfdigest.com/story/former-playboy-playmate-ashley-mattingly-charged-with-drunk-driving-a-golf-cart

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Jason Ross Harris Found Guilty of Murder Locking Toddler in Hot Car

Posted by Staff on November 14, 2016

The Glynn County jury in Georgia has found Justin Ross Harris guilty of murder. Harris is the dad who left his 22-month-old toddler son in the car while he was at work. The criminal defense legal team for Justin Ross Harris argued the father did not leave the child in the car on purpose, but instead forgot he was in the car. Today the announcement came from the court that the prosecution convinced a jury otherwise.

Darren Kavinoky, founding attorney of 1.800.NoCuffs wrote an in-depth investigative article on the story for HLN on July 8, 2014. Writes Kavinoky, “A toddler is dead. His parent, the person entrusted with his very well-being, is charged with murder. …This case has all the makings of a captivating courtroom drama: An innocent, blameless victim; questionable behavior by the accused (including racy ” sexting” activity!); and what is considered by many a plausible defense of an accident, committed by a man his friends and family describe as a loving dad.” [1]

Mayra Cuevas for CNN reports today, “Harris, 35, was accused of intentionally locking Cooper inside a hot car for seven hours. On that same day, Harris was sexting with six women, including one minor, according to phone records.” [2]

The 22-month-old child named Cooper died unattended in the car. Automobile-related hot car suffocation is known as “death by hyperthermia.”

Christopher Brennan writes for New York Daily News today, “Other evidence exposed at trial showed that Harris had watched a video about hot car deaths in the days before the killing and that minutes before he locked the toddler in his car, he said, ‘I love my son and all, but we both need escapes.'” [3]

For more on Darren Kavinoky’s coverage of the case, check out:
“Hot Car” Deaths: Is It Really Possible For A Parent To Forget About Their Child? http://crimefeed.com/?p=6748 via CrimeFeed.com

Watch Darren talk about the case here:

SOURCES
1. Darren Kavinoky. July 8, 2014. HLN. “Is Justin Ross Harris the next Casey Anthony?” Retrieved via http://www.hlntv.com/article/2014/07/08/justin-ross-harris-hot-car-death-opinion-darren-kavinoky.

2. Mayra Cuevas. November 14, 2016. CNN. “Jury finds Justin Ross Harris guilty of murder in son’s hot car death.” Retrieved via http://www.cnn.com/2016/11/14/us/justin-ross-harris-trial-verdict/index.html.

3. Christopher Brennan. November 14, 2016. New York Daily News. “Justin Ross Harris found guilty of murdering toddler son in hot car.” Retrieved via http://www.nydailynews.com/news/national/justin-ross-harris-found-guilty-hot-car-toddler-murder-article-1.2872935.

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DUI Attorney Los Angeles

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Cecilia The Mamacita on 93.5 FM KDAY Takes DUI Quiz

Posted by Staff on November 10, 2016

November 8, 2016–Los Angeles, California–Attorney Darren Kavinoky appears on 93.5 FM KDAY with Cecilia The Mamacita in Los Angeles to give his legal advice on DUI and tests Cecilia The Mamacita on her DUI knowledge.

Cecilia The Mamacita opens the show by saying, “People have seen you on The View, Dr. Phil, Fox News, Entertainment Tonight, Dr. Drew, …you’re very popular and a lot of people love you. But you’re here today and we’re here talking about 1.800.NoCuffs.”

DUI Attorney Darren Kavinoky in Los Angeles on 93.5 KDAY

One of the DUI quiz questions that Darren asks Cecilia The Mamacita is, “True / False. Persistent heartburn makes somebody an inappropriate subject for breath testing in DUI cases.” Cecilia The Mamacita guesses, “False,” but the actual answer is True!

Explains Darren, “Everything in breath testing is predicated on the idea that that junk machine–I’m sorry that that highly scientific machine,” laughs Darren. “I can’t say it without laughing. Measuring alcohol molecules that are found in deep lung air called valvular air, it’s called deep lung air.”

Darren explains, “If you’ve got persistent heartburn, that means that you’ve worn away what’s called the lower esophageal sphincter, the lid on your stomach, and you get these alcohol molecules that are sometimes up in your esophagus in your throat and when you blow those into the machine. The machine isn’t smart enough to know where those molecules are coming from. And so, if you’ve got persistent heartburn you run a real risk that if you give a breath test it’s going to have a falsely high result because those alcohol molecules aren’t coming from deep lung air. They’re coming from that persistent heartburn.”

You can take a DUI Quiz DUI quiz and test your knowledge.

Tune into 93.5 FM KDay online here. http://www.935kday.com/. Follow KDAY on Twitter at https://twitter.com/935kday.

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Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. If you need a DUI attorney in Los Angeles, you can see the team at The Kavinoky Law Firm here.

Recreational Marijuana Use Legal in California

Posted by Nicole Hanratty on November 9, 2016

Recreational marijuana use is legal in California now and 1.800.NoCuffs brings you the legal ins and outs of Prop 64, the legalization of marijuana.

Prop 64 officially titled the “Control, Regulate and Tax Adult Use of Marijuana Act,” passed in the state of California on November 8, 2016. It ushers in, effective immediately, the passage of Proposition 64 which legalizes the recreational use of marijuana. There are key takeaways from the proposition and 1.800.NoCuffs wants you to know your newly acquired legal rights.

1.800.NoCuffs founding attorney Darren Kavinoky weighs in on the passed legislation, “Here is yet one more example of where there is a gap between the law and how the law gets implemented in society. And so now that the voters in the state of California have spoken, now the devil’s in the details. How this is going to play out and shake out through the court system is probably going to take a significant amount of time, it’s going to require the work of a lot of lawyers and judges and thankfully at the end of the day, will generate significant tax revenue to fulfill on the intentions of the bill.”

1. As with alcohol, you must be 21 to use marijuana recreationally. [1] According to attorney Darren Kavinoky, “There is an exception here because there is a concern that people that were the ages of 18 and 21 would, therefore, be deprived the opportunity to use marijuana if this passes, even those who were using it lawfully under the Prop 215 medical marijuana laws. And one thing that appears to be clear is that those who are between the ages of 18 and 21 and who do have a doctor’s recommendation will still be able to use and lawfully possess that recommended marijuana.”

2. You can now grow marijuana at home. The law states that you can grow up to six marijuana plants in your residence without violating the law. But to be in compliance, “The living plants and any marijuana produced by the plants in excess of 28.5 grams are kept within the person’s private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a lockedspace, and are not visible by normal unaided vision from a public place.” [2]

3. You have the right to share your “crop” with another legal adult but it is illegal to sell it. “Persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis.” [3] Explains Kavinoky, “The implementation that’s been discussed is that marijuana will be commercially available for recreational use in 2018, even though the law is in effect now, because of the various hoops that need to be jumped through. So that definitely creates this strange bit where it takes people who are interested in smoking marijuana recreationally that don’t have a medical marijuana card and turns them into cultivators. Because the only way that they could lawfully smoke marijuana now is by growing their own. So that is an interesting perhaps unintended consequence of where we are with this.”

4. You may have the right to have your sentenced altered if you have been previously convicted of a marijuana offense that is now a reduced crime. The passage of Proposition 64, “authorize[s] courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act.” [5]

4. It may be illegal to be searched based on the scent of marijuana alone now with the passage of this new California law. “One of the biggest impacts potentially that is going to play out here is the impact on the area of search and seizure law under the Fourth and Fourteenth Amendments to the U.S. Constitution,” explains Kavinoky. “The way that it has played out before since marijuana was considered contraband and illegal substance, was that the mere scent of marijuana would provide a police officer or law enforcement officer with the opportunity to either get a search warrant or depending on the circumstances and the exigency or some other exception to the warrant requirement conduct an immediate search. Now the circumstances where those searches can happen are either going to be eliminated entirely or since I can still envision some circumstances where the scent of marijuana could still trigger a lawful search, if it’s not going to be eliminated then they’ll be significantly curtailed.”

What remains illegal about marijuana possession or usage?

1. Public smoking of marijuana in public is a violation of the law. This includes smoking it “while riding in the passenger seat or compartment of a motor vehicle.” [2]

2. It is illegal to consume, advertise, or sell pot near schools or any type of youth facility. Prop 64 “prohibit[s] the marketing and advertising of nonmedical marijuana to persons younger than 21 years old or near schools or other places where children are present.” In addition, it “prohibit[s] the consumption of marijuana in a public place unlicensed for such use, including near K–12 schools and other areas where children are present.” [2] It must also be sold in “child-resistant containers and be so labeled so that consumers are fully informed about potency and the effects of ingesting nonmedical marijuana.

3. It is against the law to drive or operate a vehicle while impaired by marijuana. “SEC. 4.6. Section 11362.3 is added to the Health and Safety Code, to read: 11362.3. (a) Nothing in Section 11362.1 shall be construed to permit any person to: …(7) Smoke or ingest marijuana or marijuana products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. (8) Smoke or ingest marijuana or marijuana products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation except as permitted on a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation that is operated in accordance with Section 26200 of the Business and Professions Code and while no persons under the age of 21 years are present. ” [2]

4. Food products that contain pot, aka “edibles” must be labeled in detail. “Require nonmedical marijuana sold by licensed businesses to be packaged in child-resistant containers and be labeled so that consumers are fully informed about potency and the effects of ingesting nonmedical marijuana. ” [2]

5. Cities and communities have the power to ban the commercial sale of marijuana with a passed ordinance. “The Adult Use of Marijuana Act sets up a comprehensive system governing marijuana businesses at the state level and safeguards local control, allowing local governments to regulate marijuana-related activities, to subject marijuana businesses to zoning and permitting requirements, and to ban marijuana businesses by a vote of the people within a locality. ” [2]

7. Medical dispensaries are not legally allowed to sell to customers purchasing the plant for recreational purposes. Businesses that sell alcohol or tobacco or also not prohibited to sell nonmedical marijuana.

Sources
1. “The Adult Use of Marijuana Act prohibits the sale of nonmedical marijuana to those under 21 years old, and provides new resources to educate youth against drug abuse and train local law enforcement
to enforce the new law.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

2. Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

3. “SEC. 4.4. Section 11362.1 is added to the Health and Safety Code, to read: 11362.1. (a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to: (1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis; (2) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products; (3) Possess, plant, cultivate, harvest, dry, or process not more than six living marijuana plants and possess the marijuana produced by the plants; (4) Smoke or ingest marijuana or marijuana products; and (5) Possess, transport, purchase, obtain, use, manufacture, or give away marijuana accessories to persons 21 years of age or older without any compensation whatsoever. (b) Paragraph (5) of subdivision (a) is intended to meet the requirements of subsection (f) of Section 863 of Title 21 of the United States Code (21 U.S.C. Sec. 863(f)) by authorizing, under state law, any person in compliance with this section to manufacture, possess, or distribute marijuana accessories. (c) Marijuana and marijuana products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

4. Rob Nikolewski. November 9, 2016. San Diego Tribune. “7 Things To Know Now That Prop 64 is Law.” Retrieved via http://www.sandiegouniontribune.com/business/sd-me-election-pot-20161107-story.html

5. “SEC. 3. Purpose and Intent. The purpose of the Adult Use of Marijuana Act is to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana. It is the intent of the people in enacting this act to accomplish the following: … (z) Authorize courts to resentence persons who are currently serving a sentence for offenses for which the penalty is reduced by the act, so long as the person does not pose a risk to public safety, and to redesignate or dismiss such offenses from the criminal records of persons who have completed their sentences as set forth in this act.” Retrieved via http://vig.cdn.sos.ca.gov/2016/general/en/pdf/text-proposed-laws.pdf#prop64

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