BILL NUMBER: AB 2640	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2014

   An act to amend Section 11357 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2640, as introduced, Roger Hernández. Marijuana: possession:
penalty.
   Existing law provides that, except as authorized by law, every
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 that provides instruction in kindergarten or any of
grades 1 through 12 during the hours the school is open for classes
or school-related programs is guilty of a misdemeanor and, upon a
finding that a first offense has been committed, subject to a fine of
not more than $250, or, upon a finding that a 2nd or subsequent
offense has been committed, subject to a fine of not more than $500
or commitment to a juvenile facility, as specified, or both.
   This bill would make a technical, nonsubstantive change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11357 of the Health and Safety Code is amended
to read:
   11357.  (a) 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 five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code.
   (b) 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 one
hundred dollars ($100).
   (c) 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 a county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
   (d) 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 five hundred dollars ($500), or by imprisonment in a
county jail for a period of not more than 10 days, or both.
   (e) Except as authorized by law, every person under  the
age of  18  years of age  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 subject to the following dispositions:
   (1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
   (2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.