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 ----------------------------------------------------------------- |Ayes:|Ammiano, Beall, Hill, | | | | |Yamada | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Portantino | | | | | | | | ----------------------------------------------------------------- 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 SB 1449 Page 2 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 SB 1449 Page 3 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 Page 4