BILL NUMBER: SB 791	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 20, 2001
	AMENDED IN ASSEMBLY  JULY 3, 2001
	AMENDED IN SENATE  MAY 14, 2001

INTRODUCED BY   Senator McPherson
    (Coauthor:  Assembly Member Migden) 

                        FEBRUARY 23, 2001

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 791, as amended, McPherson.  Marijuana:  possession:  penalty.
   (1) 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, punishable by
a fine of not more than $100, and if that person has been previously
convicted 3 or more times of that offense during the previous 2
years, the person is eligible for diversion, as specified.
   This bill would instead provide that (a) except as authorized by
law, every person who possesses not more than 28.5 grams of
marijuana, other than concentrated cannabis, is, for the first
offense, guilty of an infraction, punishable by a fine not to exceed
$100, and is, for the 2nd offense, guilty of an infraction or a
misdemeanor, punishable by a fine not to exceed $100; and (b) if that
person has been previously convicted 2 or more times of that offense
during the previous 2 years, the person is eligible for diversion,
as specified.  To the extent that this bill would increase the duties
of local officers by providing for the diversion of offenders after
a 2nd rather than 3rd offense, this bill would impose a
state-mandated local program upon local governments.
  (2) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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 that
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, for the first offense, guilty of an infraction punishable by a
fine not to exceed one hundred dollars ($100), and is, for the second
offense, guilty of an infraction or a misdemeanor punishable by a
fine not to exceed one hundred dollars ($100).  Notwithstanding
 other provisions of   any other  law, if
that person has been previously convicted two 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, the provisions of Sections 1000.1 and 1000.2 of the Penal
Code 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 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 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 853.6 of the Penal Code, and shall
not be subjected to booking.
   (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 that 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.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard 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 XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.