BILL ANALYSIS
SB 1449
Page 1
SENATE THIRD READING
SB 1449 (Leno)
As Amended April 5, 2010
Majority vote
SENATE VOTE :21-13
PUBLIC SAFETY 4-1
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|Ayes:|Ammiano, Beall, Hill, | | |
| |Yamada | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Portantino | | |
| | | | |
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SUMMARY : Reclassifies possession of not more that 28.5 grams
of marijuana and possession of not more than 28.5 grams of
marijuana while driving on roads or lands, as specified, as an
infraction punishable by a fine of not more than $100.
EXISTING LAW :
1)States that except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by
imprisonment in the county jail for a period of not more than
one year, by a fine of not more than $500, by both such fine
and imprisonment, or shall be punished by imprisonment in the
state prison.
2)States that except as authorized by law, every person who
possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be
punished by a fine of not more than $100. Notwithstanding
other provisions of law, if such person has been previously
convicted three or more times of an offense described in this
subdivision during the two-year period immediately preceding
the date of commission of the violation to be charged, the
previous convictions shall also be charged in the accusatory
pleading; if found to be true by the jury upon a jury trial or
by the court upon a court trial or if admitted by the person,
the provisions of existing law shall be applicable to him or
her, and the court shall divert and refer him or her for
education, treatment, or rehabilitation, without a court
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hearing or determination or the concurrence of the district
attorney, to an appropriate community program which will
accept him or her. If the person is so diverted and referred,
he or she shall not be subject to the fine specified in this
subdivision. If no community program will accept him or her,
the person shall be subject to the fine specified in this
subdivision. In any case in which a person is arrested for a
violation of this subdivision and does not demand to be taken
before a magistrate, such person shall be released by the
arresting officer upon presentation of satisfactory evidence
of identity and giving his or her written promise to appear in
court, as provided in existing law, and shall not be subjected
to booking.
3)States that except as authorized by law, every person who
possesses more than 28.5 grams of marijuana, other than
concentrated cannabis, shall be punished by imprisonment in
the county jail for a period of not more than six months, by a
fine of not more than $500, or by both such fine and
imprisonment.
4)States that except as authorized by law, every person 18 years
of age or over who possesses not more than 28.5 grams of
marijuana, other than concentrated cannabis, upon the grounds
of, or within, any school providing instruction in
Kindergarten or any of Grades 1 through 12 during hours the
school is open for classes or school-related programs is
guilty of a misdemeanor and shall be punished by a fine of not
more than $500, by imprisonment in the county jail for a
period of not more than 10 days, or both.
5)States that except as authorized by law, ever person under the
age of 18 who possesses not more than 28.5 grams of marijuana,
other than concentrated cannabis, upon the grounds of, or
within, any school providing instruction in Kindergarten or
any of Grades 1 through 12 during hours the school is open for
classes or school-related programs is guilty of a misdemeanor
and shall be punished by a fine of nor more than $250 for a
first offense, or a fine of not more that $500 or commitment
to a juvenile facility, as specified, upon a finding that
second or subsequent offense has been committed.
FISCAL EFFECT : None
COMMENTS : According to the author, "The penalty for possession
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of less than an ounce of marijuana is a fine of $100, with no
jail time. If the penalty is $100, with no jail time, that is
an infraction. That is not a misdemeanor.
"Marijuana possession has a unique status under current law, as
it is the only misdemeanor that is not punishable by any jail
time.
"Serious unintended consequences have surfaced as a result of
this mischaracterization. As the number of misdemeanor
marijuana possession arrests have surged in recent years,
reaching 61,388 in 2008, the burden placed on the courts by
these low level offenses are just too much to bear at a time
when resources are shrinking and caseloads are growing.
Defendants may demand en entire jury trial - including the costs
of jury selection, defense, and court time - for a penalty of
only $100.
"Given the comparatively light consequences of the punishment
and the courts' limited resources, even the Judicial Council
believes that costs associated with appointment of counsel and
jury trials should be reserved for defendants who are facing
loss of life, liberty, or property, not a fine of a $100.
"Keeping this misclassification in the Penal Code lacks common
sense especially in light of the fact that minor marijuana
offenses can be completely expunged from the criminal record
just two years after conviction.
"In light of this and the state's current budget crisis, SB 1449
has the potential to save precious few resources by imposing the
very same financial penalty, while keeping these low-level
offenders out of court.
"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. SB
1499 will correct this anomalous and wasteful law."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744 FN: 0005008
SB 1449
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