BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1449|
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THIRD READING
Bill No: SB 1449
Author: Leno (D)
Amended: 4/5/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/20/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Cogdill, Huff
SUBJECT : Marijuana: possession of no more than an ounce
SOURCE : Author
DIGEST : This bill specifically defines possession of not
more than one ounce of marijuana as an infraction, an
offense that under existing law is only punishable by a
fine of up to $100, and not jail time.
ANALYSIS : Existing law provides that possession of not
more than 28.5 grams of marijuana is a misdemeanor,
punishable by no more than a maximum fine of $100, without
the possibility of imprisonment. (Section 11357 of the
Health and Safety Code)
Existing law provides that possession of not more than 28.5
grams of marijuana by a person driving a vehicle is a
misdemeanor, punishable by no more than a maximum fine of
$100, without the possibility of imprisonment. (Section
23222 of the Vehicle Code)
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Existing law provides that an infraction is not punishable
by imprisonment. (Section 19.6 of the Penal Code)
Existing law provides that a person charged with an
infraction is not entitled to a trial by jury or a public
defender or other counsel appointed to represent him/her at
public expense. (Section 19.6 of the Penal Code)
Existing law provides that "Except as otherwise provided by
law, all provisions of law relating to misdemeanors shall
apply to infractions including, but not limited to, powers
of peace officers, jurisdiction of courts, periods for
commencing action and for bringing a case to trial and
burden of proof." (Section 19.7 of the Penal Code)
This bill explicitly defines possession of not more than
28.5 grams of marijuana, other than concentrated cannabis,
as an infraction.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/21/10)
American Civil Liberties Union
California Attorneys for Criminal Justice
California District Attorneys Association
Drug Policy Alliance
Judicial Council of California
National Organization for the Reform of Marijuana Laws -
California
OPPOSITION : (Verified 4/20/10)
California Narcotics Officers Association
California Peace Officers Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : The Judicial Council of California
argues in support:
"The Judicial Council supports SB 1449, which
reclassifies from a misdemeanor to an infraction
possession of not more than 28.5 grams of marijuana.
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"The Judicial Council supports SB 1449 to correct the
inconsistency between the classification and penalty for
the possession of not more than 28.5 grams of marijuana.
"Though classified as a misdemeanor, conviction of
marijuana possession subjects a defendant to no greater
punishment than that associated with being found guilty
of an infraction. Jail time cannot be imposed, nor can
the penalty exceed $100. Normally, the Judicial Council
does not take a position on questions of punishment. In
this case, however, the offense is an infraction in
everything but name. This mischaracterization comes at
too great a cost for the courts at a time when resources
are shrinking and caseload is growing. Given the
comparatively light consequences of the punishment and
the courts' limited resources, the council believes that
appointment of counsel and jury trial should be reserved
for defendants who are facing loss of life, liberty, or
property greater than $100."
ARGUMENTS IN OPPOSITION : The California Narcotic
Officers Association, California Peace Officers'
Association and California Police Chiefs Association oppose
this bill stating:
"[This bill] would reduce the penalty for possession of
an ounce of marijuana from a misdemeanor to an
infraction.
"The unintended consequence of this bill will be to
discourage persons convicted of marijuana possession from
availing themselves of the treatment options of
Proposition 36. Currently, the ability to ultimately
remove a criminal conviction serves as a motivating
factor for many people to seek Proposition 36 treatment.
Since infractions do not carry any criminal record, the
incentive to seek Proposition 36 treatment is effectively
removed."
RJG:mw 4/21/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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