California Legislature Passes Marijuana Decriminalization Bill

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Published on StoptheDrugWar.org (http://stopthedrugwar.org)
California Legislature Passes Marijuana Decriminalization Bill

By psmith
Created 2010/09/01 - 11:58am
by Phillip Smith [1], September 01, 2010, 11:58am, (Issue #647 [2]) Posted in: Arrests [3] Budgets/Taxes/Economics [4] Decriminalization [5] Decriminalization [6] Marijuana -- Personal Use [7] News Brief [8] Spending Priorities [9] State & Local Legislatures [10]


In California, small time pot possession is still a misdemeanor even though the maximum sentence is a $100 fine. The legislature has just passed a bill to fully decriminalize it by making it an infraction.
Just hours before the state's legislative session ended Tuesday, the California Assembly voted to approve SB 1449 [11], Sen. Mark Leno's bill to fully decriminalize simple marijuana possession. The bill passed the Senate in June and now goes to Gov. Arnold Schwarzenegger's desk.

The vote was 43-33 and largely along party lines. Democrats supported the bill 40-8, while Republicans opposed it 23-2.

Under current California law, possession of less than an ounce of pot is punishable by no more than a $100 fine, but is still a misdemeanor. That means people busted for a joint or a half-bag must be arrested, booked, and appear in court, and they get a criminal record. It also means meaningless work for the police and the courts.

Marijuana possession is the only California misdemeanor with a set maximum fine and no possible jail time. The Leno bill changes the offense to an infraction, meaning no arrest, no booking, no court appearance, and no criminal record.

"The penalty for possession of less than an ounce of marijuana is a fine of $100, with no jail time," Leno said on introducing the bill. "If the penalty is $100, with no jail time, that is an infraction. That is not a misdemeanor."

Keeping simple possession a misdemeanor has had "serious unintended consequences," the San Francisco Democrat said. "As the number of misdemeanor marijuana possession arrests have surged in recent years, reaching 61,388 in 2008, the burden placed on the courts by these low level offenses is just too much to bear at a time when resources are shrinking and caseloads are growing."
Sacramento, CA
United States
See map: Google Maps [12]
Arrests Budgets/Taxes/Economics Decriminalization Decriminalization Marijuana -- Personal Use News Brief Spending Priorities State & Local Legislatures
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Source URL: http://stopthedrugwar.org/chronicle/2010/sep/01/california_legislature_passes_ma
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[1] http://stopthedrugwar.org/user/psmith
[2] http://stopthedrugwar.org/chronicle/647
[3] http://stopthedrugwar.org/taxonomy/term/113
[4] http://stopthedrugwar.org/taxonomy/term/150
[5] http://stopthedrugwar.org/taxonomy/term/168
[6] http://stopthedrugwar.org/taxonomy/term/132
[7] http://stopthedrugwar.org/taxonomy/term/57
[8] http://stopthedrugwar.org/taxonomy/term/93
[9] http://stopthedrugwar.org/taxonomy/term/172
[10] http://stopthedrugwar.org/taxonomy/term/45
[11] http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1449_bill_20100405_amended_sen_v98.pdf
[12] http://maps.google.com?q=,+Sacramento,+CA,+,+us
 
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