BILL ANALYSIS
SB 1449
Page 1
Date of Hearing: June 22, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1449 (Leno) - As Amended: April 5, 2010
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. [Health & Safety Code (HSC) Section 11357(a).]
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
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
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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. [HSC Section 11357(b).]
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. [HSC Section 11357(c).]
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. [HSC Section
11357(d).]
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. [HSC Section
11357(e).]
6)States that possession of not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis, while driving
a vehicle upon a highway or on lands, as specified, is a
misdemeanor punishable by a fine of not more than $100. If a
person has been previously convicted three of more times of
this offense within a two-year period and found to be true,
the court shall divert the individual to an education,
treatment or rehabilitation program, and the individual is not
SB 1449
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subject to a fine. [Vehicle Code Section 23222(b).]
7)Provides that "marijuana" is all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. It does not
include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
there from), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. (HSC Section
11018.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "The penalty for
possession 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
SB 1449
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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."
2)Background : According to background information provided by
the author, "Although classified as a misdemeanor, conviction
of minor marijuana possession subjects a defendant to no
greater punishment than that associated with being found
guilty of an infraction. SB 1449 simply corrects the existing
inconsistency between the classification and the penalty for
possession of less than 28.5 grams of marijuana. This
reclassification will allow prosecutors to expedite hearings
and free up much-needed court resources for more serious
offenses."
3)Argument in Support : According to the Friends Committee on
Legislation of California , "Possession of an ounce or less of
marijuana is the only misdemeanor that is punishable without
jail time. The $100 penalty is for all intents and purposes
an infraction and should be treated as such. The state's
budget crisis has places enormous fiscal constraints on trial
courts. In March, the Los Angeles Superior Court announced
that it was closing 17 courtrooms and laying off 329
employees. Though this bill does not change the penalty for
simple marijuana possession, it makes more sense to classify
simple possession as an infraction and free out trial courts
for more serious offenses."
4)Related Legislation : AB 2254 (Ammiano) would have legalized
the possession, sale, cultivation and other conduct relating
to marijuana by persons over the age of 21. AB 2254 was never
heard by this Committee.
5)Prior Legislation :
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a) SB 847 (Vasconcellos), Chapter 750, Statutes of 1999,
established the Marijuana Research Act of 1999 and provide
that the Regents of the University of California, if they
elect to do so, may implement a three-year program, the
"California Marijuana Research Program", under which funds
would be provided for studies intended to ascertain the
general medical safety and efficacy of marijuana and, if
found valuable, to develop medical guidelines for the
appropriate administration and use of marijuana.
b) SB 791 (McPherson), of the 2001-02 Legislative Session,
would have reduced simple possession of not more than 28.5
grams or marijuana to an infraction for the first offense
and an alternate infraction/misdemeanor for the second
offense. SB 791 failed passage on the Assembly Floor.
c) SB 420 (Vasconcellos), Chapter 875, Statutes of 2003,
establishes a voluntary registry identification card system
for patients authorized to engage in the medical use of
marijuana, and their caregivers.
d) SB 131 (Sher), of the 2003-04 Legislative Session, would
have reduced simple possession of not more than 28.5 grams
of marijuana to an infraction for the first offense, would
have reduced simple possession for a subsequent offense to
an alternate infraction/misdemeanor, and would have
increased the penalty for an offense to a fine of not more
than $250. SB 131 failed passage on the Assembly floor,
was granted reconsideration, and was never re-heard.
e) SB 797 (Romero) of the 2005-06 Legislative Session,
would have reclassified a first offense for simple
possession of not more than 28.5 grams of marijuana as an
alternate infraction/misdemeanor and increases the penalty
for the offense from $100 to $250. SB 797 failed passage
on the Assembly Floor and was moved to the Inactive File
after being granted reconsideration.
f) AB 684 (Leno), of the 2007-08 Legislative Session, would
have clarified the definition of "marijuana" contained in
the Uniformed CSA to exclude industrial hemp, except where
the plant is cultivated or processed for purposes not
expressly allowed, as specified. AB 684 was vetoed.
g) AB 2743 (Saldana), of the 2007-08 Legislative Session,
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would have stated that it is the policy of the state that
its agencies and agents not cooperate in federal raids and
prosecutions for marijuana related offenses if the target
is a qualified patient. AB 2743 was moved to the Inactive
File on the Assembly Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
California Attorneys for Criminal Justice
California District Attorneys Association
California NORML
District Attorney of San Diego
Drug Policy Alliance
Friends Committee on Legislation of California
Judicial Council of California
Opposition
None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744