AB 2640, as introduced, Roger Hernández. Marijuana: possession: penalty.
Existing law provides that, except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of or within any school that provides instruction in kindergarten or any of grades 1 through 12 during the hours the school is open for classes or school-related programs is guilty of a misdemeanor and, upon a finding that a first offense has been committed, subject to a fine of not more than $250, or, upon a finding that a 2nd or subsequent offense has been committed, subject to a fine of not more than $500 or commitment to a juvenile facility, as specified, or both.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11357 of the Health and Safety Code is
2amended to read:
(a) Except as authorized by law, every person who
2possesses any concentrated cannabis shall be punished by
3imprisonment in the county jail for a period of not more than one
4year or by a fine of not more than five hundred dollars ($500), or
5by both such fine and imprisonment, or shall be punished by
6imprisonment pursuant to subdivision (h) of Section 1170 of the
7Penal Code.
8(b) Except as authorized by law, every person who possesses
9not more than 28.5 grams of marijuana, other than concentrated
10cannabis, is guilty of an infraction punishable by a fine of not more
11than one hundred dollars ($100).
12(c) Except as authorized by law, every person who possesses
13more than 28.5 grams of marijuana, other than
concentrated
14cannabis, shall be punished by imprisonment in a county jail for
15a period of not more than six months or by a fine of not more than
16five hundred dollars ($500), or by both such fine and imprisonment.
17(d) Except as authorized by law, every person 18 years of age
18or over who possesses not more than 28.5 grams of marijuana,
19other than concentrated cannabis, upon the grounds of, or within,
20any school providing instruction in kindergarten or any of grades
211 through 12 during hours the school is open for classes or
22school-related programs is guilty of a misdemeanor and shall be
23punished by a fine of not more than five hundred dollars ($500),
24or by imprisonment in a county jail for a period of not more than
2510 days, or both.
26(e) Except as authorized by law, every person under begin deletethe age ofend delete
27 18begin insert
years of ageend insert who possesses not more than 28.5 grams of
28marijuana, other than concentrated cannabis, upon the grounds of,
29or within, any school providing instruction in kindergarten or any
30of grades 1 through 12 during hours the school is open for classes
31or school-related programs is guilty of a misdemeanor and shall
32be subject to the following dispositions:
33(1) A fine of not more than two hundred fifty dollars ($250),
34upon a finding that a first offense has been committed.
35(2) A fine of not more than five hundred dollars ($500), or
36commitment to a juvenile hall, ranch, camp, forestry camp, or
37secure juvenile home for a period of not more than 10 days, or
P3 1both, upon a finding that a second or subsequent offense has been
2committed.
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