BILL ANALYSIS Ó AB 1017 Page 1 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 Page 2 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 Page 3 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 Page 4 California State Sheriffs' Association Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744