BILL ANALYSIS �
AB 2600
Page 1
Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2600 (Norby) - As Introduced: February 24, 2012
SUBJECT : Marijuana possession by minors: suspension of driver's
license
SUMMARY : Prohibits the driver's license of a juvenile person,
under the age of 21, from being suspended or revoked for a
conviction of possession of not more than 28.5 grams or one
ounce of marijuana, other than concentrated cannabis, when the
juvenile person is convicted of an infraction for possession of
the substance.
EXISTING LAW :
1)States that, 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 and shall be
punished by a fine of not more than $100.
2)States that, except as authorized by law, every person who
possesses, while driving a motor vehicle upon a highway or
off-road lands, not more than one ounce of marijuana, other
than concentrated cannabis, is guilty of an infraction
punishable by a fine of not more than one hundred dollars
($100).
3)Authorizes a court to suspend the privilege of any person to
operate a motor vehicle, or to order the Department of Motor
Vehicles (DMV) to revoke this privilege, upon conviction of
any offense related to controlled substances when the use of a
motor vehicle was involved in, or incidental to, the
commission of the offense.
4)Requires the court to suspend for one year the driving
privilege of a person, between the ages of 21 and 13,
convicted of various offenses related to controlled substances
or alcohol.
FISCAL EFFECT : Unknown
COMMENTS : Legislation enacted two years ago, SB 1449 (Leno)
AB 2600
Page 2
Chapter 706, Statutes of 2010, reduced the crime of possession
of less than an ounce of marijuana from a misdemeanor to an
infraction, that carries a maximum fine of $100. However, the
concurrent penalty for a conviction by a juvenile for such
possession is a mandatory suspension of that person's driver's
license for one year. This penalty could be considered harsh
when compared to the imposition of the $100 fine especially as
the loss of one's driver's license could limit the juvenile's
ability to attend school or maintain employment.
The author contends that this bill corrects an anomaly in
existing law under which simple possession of less than one
ounce of marijuana, the penalty that was reduced to an
infraction beginning January 1, 2011, is currently the only
drug-related crime for which conviction by a person under 21
requires the court to automatically suspend a juvenile's
driver's license. This is even if no automobile was involved in
the citation, e.g., the person was walking down the street or
sitting on a park bench. His belief is that because possession
of minor amounts of marijuana is now considered a low-level
offense reduced to an infraction citation, the license
suspension provision is out of proportion to the crime. The
author further clarifies that his bill does not prohibit a court
from suspending a license for driving under the influence of
marijuana.
Supporters of this bill contend generally that the current
license suspension provision is out of proportion with the crime
which carries a maximum $100 fine; and that there is no
correlation between the license suspension and the possession,
thereby making the punishment unreasonable.
Writing in opposition, two entities representing law enforcement
indicate that possession of mind-altering substance by persons
with a driving privilege is something to be taken seriously,
especially in the case of persons under 21 years of age. These
entities declare it is appropriate to prevent a linkage between
possession and use of mind-altering substance for all drivers.
As the current law applies to drivers under 21 years of age,
these young drivers are being provided with a tool to resist
peer pressure to use mind-altering substances.
Related bill : SB 1449 (Leno) Chapter 706, Statutes of 2010,
reduced the crime of possession of less than an ounce of
marijuana from a misdemeanor to an infraction with a maximum
AB 2600
Page 3
fine of $100.
Double referral : This bill is also referred to the Committee on
Public Safety.
REGISTERED SUPPORT / OPPOSITION :
Support
Conference of California Bar Associations (sponsor)
California Attorneys for Criminal Justice
California Public Defender Association
Drug Policy Alliance
Marijuana Policy Project
Opposition
California Narcotic Officers' Association
California Police Chiefs Association
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093