BILL ANALYSIS Ó
SB 303
Page 1
SENATE THIRD READING
SB
303 (Hueso)
As Amended July 8, 2015
Majority vote
SENATE VOTE: 35-0
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|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
SB 303
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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