BILL ANALYSIS Ó
AB 1017
Page 1
ASSEMBLY THIRD READING
AB 1017 (Ammiano)
As Introduced February 18, 2011
Majority vote
PUBLIC SAFETY 4-3 APPROPRIATIONS 9-7
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|Ayes:|Ammiano, Cedillo, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Davis, Gatto, |
| | | |Hall, Lara, Mitchell |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman, Hill |Nays:|Harkey, Campos, Donnelly, |
| | | |Hill, Nielsen, Smyth, |
| | | |Wagner |
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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.
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.
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.
4)Provides that except as authorized by law, every person who
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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.
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
by a fine of not more than $100.
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.
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.
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 not 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially moderate, annual General Fund
savings as a result of creating a misdemeanor charging option
for marijuana cultivation. In 2009 and 2010, a total of 260
persons were committed to state prison for cultivation. If this
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number was decreased by 25%, annual state savings would be in
the range of $1.5 million. State savings would be offset to a
degree by increased local incarceration
(non-state-reimbursable), though many of these offenders would
likely receive probation.
COMMENTS : 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 backyard growers 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0000751