BILL ANALYSIS
SB 791
Page 1
SENATE THIRD READING
SB 791 (McPherson)
As Amended August 20, 2001
Majority vote
SENATE VOTE :23-13
PUBLIC SAFETY 5-1 APPROPRIATIONS 11-7
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|Ayes:|Washington, Cedillo, |Ayes:|Migden, Alquist, Aroner, |
| |Diaz, Keeley, Koretz | |Washington, Corbett, , |
| | | |Papan, Pavley, Thomson, |
| | | |Wesson, Wiggins, Wright |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Suer |Nays:|Bates, Correa, Daucher, |
| | | |Maldonado, Robert |
| | | |Pacheco, Runner, Zettel |
| | | | |
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SUMMARY : Reclassifies the first offense of possession of 28.5
grams or less of marijuana from a misdemeanor to an infraction,
but maintains the existing penalty. Creates an alternate
misdemeanor/infraction for a second offense. Changes from three
to two the number of previous convictions for marijuana
possession needed to qualify for drug diversion. Specifically,
this bill :
1)Provides that every person who possesses 28.5 grams or less of
marijuana, other than concentrated cannabis, is guilty of an
infraction for a first offense, punishable by a fine of $100
or less.
2)Provides an alternate misdemeanor/infraction for a second
possession offense, punishable by a fine of $100 or less.
3)Changes from three to two the number of prior convictions for
marijuana possession within the preceding two-year period
needed to qualify for drug diversion.
EXISTING LAW provides that:
1)Every person who possesses not more than 28.5 grams of
marijuana, other than concentrated cannabis, is guilty of a
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misdemeanor, punishable only by a fine of not more than $100.
2)Any person who commits the offense of possession of marijuana
and has been convicted three or more times of the same offense
within the previous two years shall be eligible for drug
diversion.
3)Every person who possesses concentrated cannabis shall be
punished by imprisonment in the county jail for not more than
one year or a fine of not more than $500, or both, or by
imprisonment in state prison.
4)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 not more than six months,
or by a fine not to exceed $500, or both.
5)Every person who possesses 28.5 grams of marijuana or less at
a school is guilty of a misdemeanor, punishable by a fine of
not more than $500, or imprisonment in the county jail for not
more than 10 days, or both.
6)Every person under the age of 18 who possesses 28.5 grams of
marijuana or less at a school is guilty of a misdemeanor,
punishable by a fine not to exceed $250 for a first offense,
and a fine not to exceed $500, or commitment to juvenile hall
for not more than 10 days, or both, for a second or subsequent
offense.
7)A person charged with an infraction is not punishable by
imprisonment, is not entitled to a jury trial, and is not
entitled to have the public defender or other counsel
appointed at public expense to represent him or her unless he
or she is arrested and not released on his or her written
promise to appear, his or her own recognizance, or a deposit
of bail.
8)Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a
misdemeanor is punishable by imprisonment in the county jail
not exceeding six months, or by a fine not exceeding $1,000,
or both.
9)In certain drug cases, a defendant can receive deferred entry
of judgment. Under deferred entry of judgment, the defendant
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pleads guilty, and is required to complete a drug counseling
program. If he or she successfully completes a counseling
program and maintains a drug and crime-free period for between
18 months and three years, the court dismisses the charge or
charges against the defendant.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, significant annual General Fund savings,
about $80 million, for reduced prison sentences.
Indeterminable significant state and local court savings to the
extent that this bill results in fewer and less costly second-
and third-strike trials. (For a full fiscal analysis, see the
Appropriations Committee analysis.)
COMMENTS : The author states, "Under current law, an individual
charged and convicted with the possession of less than 28.5
grams of marijuana is prosecuted as a misdemeanant. A
misdemeanor is usually punishable by a fine or by imprisonment
for less than one year. However, the penalty for a misdemeanor
conviction of petty marijuana possession is a maximum fine of
$100 without the possibility of time spent in county jail or
state prison. This "pure fine" is consistent with the
punishment assigned to an infraction. Simple possession of
marijuana is erroneously classified as a "misdemeanor" when the
punishment for the offense is consistent with that of an
"infraction". It is this inconsistency between classification
and penalty that this piece of clarifying legislation seeks to
correct.
"This inaccurate and anomalous penalty designation adversely
affects the efficiency of California courts. The charge is
confusing to both the district attorney in charge of prosecuting
the case and the judge should the case be brought to trial.
Additionally, under a misdemeanor charge, the accused is
afforded a trial either by judge or jury. The length of a
simple marijuana trial is typically two to three days. Upon
conviction, the offender is instructed by the courts to pay the
$100 fine. There exists no disincentive for the accused to
drain the resources of the state and the courts with a lengthy
trial. According to certain estimates, a jury trial of this
type could last up to three days at the tune of thousands of
dollars per day. On top of the time and money dispensed by the
state, a jury trial burdens the public by wasting time better
spent working to provide for oneself and family than in a jury
box deliberating a matter of only minor consequence to the
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defendant and to California's public safety."
Please see the policy committee analysis for a more
comprehensive discussion of this bill.
Analysis Prepared by : Alice Michel / PUB. S. / (916) 319-3744
FN: 0002258