BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 303


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          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  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          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  








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            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.  










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          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;








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             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  








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          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