Schwarzenegger decriminalizes marijuana

referenced by NORML action alert and TPI news and the Salem, OR news


2010.marijuana bill

BILL NUMBER: SB 1449 AMENDED
BILL TEXT

AMENDED IN SENATE APRIL 5, 2010

INTRODUCED BY Senator Leno

FEBRUARY 19, 2010

An act to amend Section 11357 of the Health and Safety Code,
and to amend Section 23222 of the Vehicle
Code, relating to
controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 1449, as amended, Leno. Marijuana: possession.
Existing law provides 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. This same penalty is
imposed for the crime of possessing not more than 28.5 grams of
marijuana while driving on a highway or on lands, as specified.

Existing law provides for this offense with
respect to these offenses
that under specified conditions (1)
the court shall divert and refer the defendant for education,
treatment, or rehabilitation, as specified, and (2) an arrested
person who gives satisfactory evidence of identity and a written
promise to appear in court shall not be subjected to booking.
This bill would instead provide that ,
except as authorized by law, every person who possesses not more
than 28.5 grams of marijuana, other than concentrated cannabis,
any person who commits any of the above offenses

is instead guilty of an infraction punishable by a fine
of not more than $250 $100. This bill would
eliminate the above-
described prov isions
relating to booking and to diversion and referral for education,
treatment, or rehabilitation
. By changing the
penalties for an existing crime, this bill would impose a
state-mandated local program.

The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.

This bill would provide that no reimbursement is required by this
act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes

no .

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 11357 of the Health and Safety Code is amended
to read:
11357. (a) 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 or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of an infraction punishable by a fine of not more than
two hundred fifty dollars ($250) one hundred
dollars ($100)
.
(c) 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 or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
(d) 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 five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every 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 subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
SEC. 2. Section 23222 of the Vehicle
Code
is amended to read:

23222. (a) No person shall have in his or her possession on his
or her person, while driving a motor vehicle upon a highway or on
lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle, containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been
partially removed.
(b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of a
misdemeanor and shall bepunished
an infraction
punishable
by a fine of not more than one hundred dollars
($100). Notwithstanding any other provision of law, if the
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 and, 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, Sections 1000.1 and 1000.2 of the Penal Code are applicable
to the person, and the court shall divert and refer the person for
education, treatment, or rehabilitation, without a court hearing or
determination or the concurrence of the district attorney, to an
appropriate community program which will accept the person. If the
person is so diverted and referred, the person is not 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, the 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 Section 40500, and shall not be subjected to booking.

SEC. 2.
No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.

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