BILL ANALYSIS Ó SB 303 Page 1 SENATE THIRD READING SB 303 (Hueso) As Amended July 8, 2015 Majority vote SENATE VOTE: 35-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Quirk, Melendez, | | | | | | | | | | | | | | |Jones-Sawyer, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Permits the destruction of excess seized marijuana by law enforcement agencies, subject to specified evidentiary and preservation requirements. Specifically, this bill: 1)Authorizes law enforcement agencies to destroy seized marijuana in excess of two 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 SB 303 Page 2 the marijuana was seized, whichever is greater, subject to specified requirements. 2)Requires a law enforcement agency to retain at least one two pound sample and five random and representative samples consisting of leaves or buds, for evidentiary purposes, from the total amount to be destroyed. 3)Specifies that law enforcement should take video of the marijuana seized prior to destruction of the evidence and further specifies that they should accurately demonstrate the total amount to be destroyed. EXISTING LAW: 1)Provides that controlled substances and devices or paraphernalia for using or administering controlled substances that are possessed in violation of relevant statutes may be seized by law enforcement officers. A search warrant may be issued for seizure. 2)Provides that, except as provided in the controlled substance assets and instrumentalities forfeiture law, all controlled substances, and instruments or paraphernalia associated with the controlled substances, seized as a result of a case that ended with the defendant's conviction, shall be destroyed by the court of conviction. 3)Provides that all controlled substances, and instruments or paraphernalia associated with the controlled substances, seized as found property or as a result of a case that ended without trial, dismissal or conviction, shall be destroyed unless the court finds that the defendant lawfully possessed the property. SB 303 Page 3 4)Provides that an order for destruction of controlled substances and associated instruments and paraphernalia may be carried out by a police or sheriff's agency, the Department of Justice, Highway Patrol or Department of Alcoholic Beverage Control. 5)Provides that controlled substances listed in Schedule I possessed, sold or transferred in violation of the controlled substances control statutes, and plants from which controlled substances are derived, are contraband, which must be seized and forfeited to the state. 6)Provides as an exception to the 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: a) At least five random samples are taken and preserved in addition to the 10 pounds; b) 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; c) Photographs of the material to be destroyed must be taken; d) The gross weight of the entire material must be determined; e) 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; SB 303 Page 4 f) 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; and, g) 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. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor additional costs to local law enforcement agencies to videotape the evidence. These costs are offset by significant savings associated with reducing by almost 80% the amount of marijuana that is stored as evidence in criminal proceedings.. COMMENTS: According to the author, "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 SB 303 Page 5 storage items inside these evidence rooms. "By reducing the amount of evidence marijuana stored from 10 pounds to 2 pounds, or the amount of marijuana a medical marijuana patient is authorized to possess by the city or county where the marijuana was seized, law enforcement will be not only save funding for storage but the reduced amounts but will allow for easier storage and safekeeping of the marijuana, thereby decreasing impacts to officers health and safety." Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0001112