BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1017
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          Date of Hearing:   May 3, 2011
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                AB 1017 (Ammiano) - As Introduced:  February 18, 2011


           SUMMARY  :   Makes the cultivation of marijuana alternatively 
          punishable as a misdemeanor with a penalty of imprisonment in a 
          county jail for a period of not more than one year.

           EXISTING LAW  :

          1)Provides that every person who plants, cultivates harvests, 
            dries, or processes, any marijuana, or any part thereof, 
            except as otherwise provided by law, shall be punishable by 
            imprisonment in the state prison for 16 months, 2, or 3 years. 
             İHealth and Safety Code (HSC) Section 11358.]

          2)States that every person that possesses marijuana for the 
            purposes of sale shall be punished by imprisonment in the 
            state prison for 16 months, 2, or 3 years.  (HSC Section 
            11359.) 

          3)States that except as otherwise provided, or as authorized by 
            law, every person who transports, imports into this state, 
            sells, furnishes, administers, or gives away, or offers to 
            transport, import into this state, sell, furnish, administer, 
            or give away, or attempts to transport into this state, or 
            transport any marijuana shall be punished by imprisonment in 
            the state prison for 2, 3, or 4 years.  (HSC Section 11360.)

          4)Provides 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, or by a fine of not more than $500, by both such 
            fine and imprisonment, or shall be punished by imprisonment in 
            the state prison.  İHSC Section 11357(a).]

          5)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 an infraction punishable 








                                                                  AB 1017
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            by a fine of not more than $100.  İHSC Section 11357(b).]

          6)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.  İHSC Section 11357(c).]

          7) 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.  İHSC Section 
            11357(d).]

          8)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.  İHSC Section 
            11357(e).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "This sensible 
            change to provide a district attorney with the discretion to 
            charge either a misdemeanor or felony for marijuana 
            cultivation based on local community standards is long 
            overdue.  Mandating felony prosecution for every marijuana 
            cultivation charge, regardless of circumstances, uses up 
            precious court resources and state prison beds, and does not 
            differentiate between large-scale illegal grows and mom and 
            pop backyard grows.  Nobody will get a free pass, even small 








                                                                  AB 1017
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            backyard grows and trimmers can be charged with a misdemeanor, 
            and some district attorneys may continue prosecuting every 
            cultivation case as a felony.  AB 1017 simply provides a 
            district attorney with the discretion to prosecute as either a 
            felony or misdemeanor."

           2)Argument in Support  :  According to the  California Public 
            Defenders Association  , "This bill would give local prosecutors 
            the discretion to charge violations of Section 11358 of the 
            Health and Safety Code, cultivation of marijuana, as 
            misdemeanors or felonies.  Under current law cultivation of 
            any quantity of marijuana is only chargeable as a felony.  
            Under current law, possession of less than an ounce of 
            marijuana is an infraction.  This bill would align marijuana 
            cultivation with a more consistent and sensible sentencing 
            scheme.  This bill would untie the hands of prosecutors to 
            allow them to charge cultivation of small quantities of 
            marijuana in a manner that would allow them to prosecute small 
            growers, but not inflict upon them the lifelong burden of a 
            felony conviction.  This bill simply makes sense in today's 
            world."

           3)Argument in Opposition  :  According to the  California Narcotics 
            Officers' Association  , "AB 1017 will decrease the penalties 
            for marijuana cultivation.  The unhappy reality in California 
            is that organized criminal enterprises have successfully 
            invaded the marijuana cultivation business in California.  
            Legislation, such as AB 1017 that reduces the penalties for 
            marijuana cultivation, amounts to an improvement in their 
            business climate and could only cause a continued increase in 
            the influx of organized criminal enterprises into the 
            marijuana cultivation business."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California NORML
          California Public Defenders Association

           Opposition 
           
          California District Attorneys Association
          California Narcotics Officers' Association
          California Police Chiefs Association








                                                                  AB 1017
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          California State Sheriffs' Association
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744