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How to Restore Your Firearm Rights After a Marijuana Conviction

Posted by William Aron | May 15, 2022

If you have been convicted of a crime in California, this sentencing may affect your Second Amendment right to keep and bear arms. There are over half a million Americans arrested for marijuana-related crimes. If you have had your firearm rights suspended due to a marijuana conviction, a California drug crime lawyer may be able to help.

Aron Law Firm is a criminal defense law firm helping clients in California who have been convicted of marijuana-related crimes. After you have faced a marijuana conviction, you may be wondering how you may restore your firearm rights in California.

How Can California's Prop 64 Help Restore Your Firearm Rights?

On November 9, 2016, California’s Prop 64 was implemented. Under this referendum, immediate changes took effect concerning laws surrounding the growing, possessing, and transporting of the drug marijuana. Depending on the specific crime you were convicted of, the referendum Prop 64 may be able to help you restore your firearm rights due to the fact that the crime you were convicted of may no longer be illegal in California.

Prop 64 and Marijuana Growth Crimes

Originally, the California legal system treated the growth or cultivation of marijuana as a felony offense as outlined by Health and Safety Code Section 11358. However, as a result of the passing of Prop 64, individuals who are 21 years of age or older may legally cultivate, harvest, dry, or process up to six marijuana plants as long as they are out of the public view.

However, there are exceptions that may prevent you from regaining your firearm rights if you have been charged with the felony offense of cultivating marijuana:

  • If you are cultivating more than six marijuana plants, you may be charged with a misdemeanor and be sentenced to up to six months in jail and a maximum fine of $500
  • You may still be convicted of a felony if you are cultivating marijuana and have been charged with a serious violent crime in the past
  • If you have been convicted of any sex crime that requires you to register as a sex offender, you may still be charged with a felony
  • If you have two prior misdemeanor charges for marijuana cultivation, you could still be charged with a felony
  • You are under the age of 21

If you have been convicted of a felony for the cultivation of marijuana, you may be eligible to restore your firearm rights under Prop 64 with the help of a knowledgeable attorney.

Where Can You Legally Smoke Marijuana?

Under Prop 64's Business and Professions Code Section 26200, there are guidelines for local California businesses that may want to set up a designated area for the smoking, ingesting, or vaporizing of marijuana. The referendum states that the businesses in question must meet the following guidelines for patrons to be able to legally smoke marijuana at their facility:

  • They are permitted by local law as a licensed retailer or micro business
  • Only those who are 21 years or older may access the area where marijuana is being smoked
  • Marijuana usage is not visible to the public or areas of the business that permit those who are not 21 years of age
  • The sale or consumption of tobacco or alcohol is not permitted on the premises

In addition, the usage of marijuana in your private home is also a safe option.

Can You Get Your Prior Marijuana Convictions Expunged Under Prop 64?

Individuals who have completed their sentence for qualified marijuana crimes may now apply to have their conviction sealed as legally invalid by the court under Penal Code section 11361.8(f). This may only apply to appropriate cases in which you have not fallen under the category of any of the exceptions that may still classify your crime as a felony. If your prior offense has been legally reclassified under Prop 64, you can work with a criminal defense lawyer who may help you begin the process of having the offense expunged.

Get Your Firearm Rights Restored

If your crime has been redesignated as a misdemeanor or infraction, then you may be able to have your firearm rights restored under California law.

Get Help From a California Drug Crimes Lawyer

If you have prior marijuana offenses, you may be eligible to have your conviction expunged and your firearm rights restored. Depending on the details of your case, you may feel overwhelmed as you begin the process of applying to have your conviction sealed. To get help, contact a California drug crimes lawyer as soon as possible.

At Aron Law Firm, everything we do is dedicated to a single objective: to get our clients to a better place. Our criminal defense lawyers are passionate about helping clients restore their rights and achieve the second chance they deserve. To speak with one of our trusted attorneys, contact us here or call (805) 618-1768.

About the Author

William Aron

Our firm is managed by William M. Aron. William M. Aron is a graduate from the Duke University School of Law and an active member of the California State Bar Association. While at Duke University, Mr. Aron also earned an M.A. in Psychology, authoring a paper examining the efficacy of polygraph e...

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