BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 303|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 303
Author: Hueso (D)
Amended: 4/27/15
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 6-0, 4/14/15
AYES: Hancock, Anderson, Leno, McGuire, Monning, Stone
NO VOTE RECORDED: Liu
SUBJECT: Controlled substances: destruction of seized
marijuana
SOURCE: Author
DIGEST: This bill allows, in the case of growing or harvested
marijuana, a law enforcement agency to destroy without a court
order that amount in excess of 2 pounds, or the amount of
marijuana a medical marijuana patient or designated caregiver is
authorized to possess by ordinance in the city or county where
the marijuana was seized, whichever is greater.
ANALYSIS: Existing law, as an exception to other statutes
concerning seizure and destruction of controlled substances,
provides that law enforcement may, without a court order,
destroy seized controlled substances in excess of 10 pounds,
where the following circumstances are present:
1)At least five random samples are taken and preserved in
addition to the 10 pound.
SB 303
Page 2
2)In the cases of marijuana, at least one 10-pound sample and
five representative samples consisting of leaves or buds shall
be retained for evidence.
3)Photographs of the material to be destroyed must be taken.
4)The gross weight of the entire material must be determined.
5)The chief law enforcement officer has determined that it is
not reasonably possible to keep all of the material or to
store it in another place.
6)Within 30 days of destruction of the material, an affidavit
demonstrating compliance with this section must be filed in
the court with jurisdiction over any criminal proceeding
associated with the material.
7)If no criminal action is pending, the affidavit may be filed
in any court in the county that would have jurisdiction over a
criminal action involving the material. (Health & Saf. Code §
11479.)
This bill allows, in the case of growing or harvested marijuana,
a law enforcement agency to destroy without a court order that
amount in excess of 2 pounds, or the amount of marijuana a
medical marijuana patient or designated caregiver is authorized
to possess by ordinance in the city or county where the
marijuana was seized, whichever is greater.
NOTE: See Senate Public Safety Committee analysis for a
complete discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified4/28/15)
California District Attorneys Association
Imperial County Sheriff
SB 303
Page 3
OPPOSITION: (Verified4/28/15)
Drug Policy Alliance
American Civil Liberties Union
ARGUMENTS IN SUPPORT:
The author states in part:
Law enforcement offices are required by law to store
10 pounds marijuana and 5 additional representative
samples for evidence. According to a June report by
the California Attorney General's Office, nine
counties in California: Shasta, Glenn, Mendocino,
Sacramento, Merced, Madera, Fresno, Ventura, and Los
Angeles currently possess over 1,000 pounds of
marijuana. This can be very burdensome on these
agencies because most facilities were not intended to
store such large quantities- forcing these agencies to
create additional storage facilities onsite resulting
in significant costs to law enforcement.
In addition to the lack of adequate storage facilities
to store the marijuana held for evidence, it is also a
serious threat to the health of law enforcement
personnel. Because marijuana is a plant, it begins to
develop spores and mold within a short period of time.
This leads to difficulty breathing and other harmful
side effects as a result of frequent handling of the
storage items inside these evidence rooms.
ARGUMENTS IN OPPOSITION:
Opponents argue in part:
SB 303
Page 4
Drug Policy Alliance opposes SB 303, an act to
authorize the law enforcement agency to destroy seized
substances suspected to be marijuana in excess of 2
pounds, subject to specified requirements and require
the law enforcement agency to retain at least one
2-pound sample and 5 random and representative samples
consisting of leaves or buds, for evidentiary
purposes, from the total amount to be destroyed.
As introduced, the bill would allow law enforcement
agencies to destroy medical marijuana, legally
possessed by a bona fide patient or caregiver before
the defendant has the opportunity to provide evidence
that shows that they are allowed under California law
to cultivate or possess medical marijuana. Medical
marijuana is a lifesaving therapy for thousands of
Californians who suffer debilitating illnesses. Their
rights should not be trammeled upon because some law
enforcement officials find it inconvenient to store
ten pounds of evidence-evidence that may not only be
property, but may in fact be medicine.
Prepared by:Jerome McGuire / PUB. S. /
4/29/15 16:07:37
**** END ****