Governator signs Cannabis Decriminalization bill in California!

~Zen~ · Oct 1, 2010

Yesterday outgoing California Governor Arnold Schwarzenegger signed Senate Bill 1449 — which reduces adult marijuana possession charges from a criminal misdemeanor to a civil infraction. NORML would like to thank the 2,500+ of you who took the time to write the Governor via NORML’s ‘Take Action Center’ over the past week, and the many more who called the Governor’s office directly in support of this historic measure.

Senate Bill 1449 amends the California Health and Safety Code so that the adult possession of up to 28.5 grams of marijuana is classified as an infraction, punishable by no more than a $100 fine — no court appearance, no court costs, and no criminal record.

Passage of this bill will save the state millions of dollars in court costs by keeping minor marijuana offenders out of court. The number of misdemeanor pot arrests has surged in recent years, reaching 61,388 in 2008.

The new law, which takes effect on Jan 1, 2011, will have an effect even if Californians vote to legalize marijuana by passing Prop 19. Proposition 19 leaves misdemeanor possession penalties in place for public use and smoking in the presence of children; under SB 1449, these offenses would be simple infractions.

“Gov. Schwarzenegger deserves credit for sparing the state’s taxpayers the cost of prosecuting minor pot offenders,” said California NORML director Dale Gieringer, “Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources.”
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From NORML!

skip · Oct 1, 2010

YEAAAAAAAH! It's about time! Here's the bill...

BILL NUMBER: SB 1449 ENROLLED
BILL TEXT

PASSED THE SENATE JUNE 3, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN SENATE APRIL 5, 2010

INTRODUCED BY Senator Leno

FEBRUARY 19, 2010

An act to amend Section 11357 of the Health and Safety Code, and
to amend Section 23222 of the Vehicle Code, relating to controlled
substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 1449, Leno. Marijuana: possession.
Existing law provides 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 a misdemeanor and shall be
punished by a fine of not more than $100. This same penalty is
imposed for the crime of possessing not more than 28.5 grams of
marijuana while driving on a highway or on lands, as specified.
Existing law provides with respect to these offenses that, under
specified conditions, (1) the court shall divert and refer the
defendant for education, treatment, or rehabilitation, as specified,
and (2) an arrested person who gives satisfactory evidence of
identity and a written promise to appear in court shall not be
subjected to booking.
This bill would provide that any person who commits any of the
above offenses is instead guilty of an infraction punishable by a
fine of not more than $100. This bill would eliminate the
above-described provisions relating to booking and to diversion and
referral for education, treatment, or rehabilitation.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 11357 of the Health and Safety Code is amended
to read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
(b) 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 punishable by a fine of not more than one
hundred dollars ($100).
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.
(e) 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
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
SEC. 2. Section 23222 of the Vehicle Code is amended to read:
23222. (a) No person shall have in his or her possession on his
or her person, while driving a motor vehicle upon a highway or on
lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle, containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been
partially removed.
(b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of an infraction
punishable by a fine of not more than one hundred dollars ($100).

skip · Oct 1, 2010

Everyone should take note that this $100 fine/infraction does NOT apply to concentrated cannabis which includes hashish, kif, oils. These are still very illegal and can get you jail time and a fine up to $500 for ANY amount!!!

Given how popular and safe concentrates are esp. when used in edibles, I don't see why there is this difference in penalties. These edibles make a big difference to seriously ill patients who need cannabis and can't smoke it. You have to concentrate the tricomes in order to make edibles that are, well, edible!

This will have to change at some point in the future.

11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.

stinkfoot · Oct 1, 2010

Good progress but anything short of complete legalization for adult use gives groups such as NORML justification to continue collecting donations. With tax monies running short because of housing bubble and bailout larceny show legalizing pot and taxing its sale akin to alcohol would get a few more roads plowed, bridges repaired, schools built, etc. Instead, its recreational trade is still kept underground, burdening law enforcement whose resources are already stretched thin by the critical mass of budget constraints and crime rates elevated by economic forces. I do hope that the good legislators from California aren't counting on bridging budget gaps by collecting fines because people (in possession of pot) are going to be more careless with the demotion of marijuana offenses to civil infractions.

An open national dialog needs to be started on the potentially remedial effects that legalization will likely have on state economies... as well as federal.

Travis34 · Oct 1, 2010

Just saw this, great news for Cali. Hopefully people take notice.

Looks like the Terminator is terminating... marijuana prohibition

Travis34 · Oct 1, 2010

stinkfoot said:

Good progress but anything short of complete legalization for adult use gives groups such as NORML justification to continue collecting donations. With tax monies running short because of housing bubble and bailout larceny show legalizing pot and taxing its sale akin to alcohol would get a few more roads plowed, bridges repaired, schools built, etc. Instead, its recreational trade is still kept underground, burdening law enforcement whose resources are already stretched thin by the critical mass of budget constraints and crime rates elevated by economic forces. I do hope that the good legislators from California aren't counting on bridging budget gaps by collecting fines because people (in possession of pot) are going to be more careless with the demotion of marijuana offenses to civil infractions.

An open national dialog needs to be started on the potentially remedial effects that legalization will likely have on state economies... as well as federal.
Click to expand...

A national dialog of that sort would be good. I'd also mention all of the recent scientific studies showing how much more beneficial it would be to our health.

yellowcab · Oct 1, 2010

A great step forward for Ca. residents and pushes the issue into national spotlight:ssmokeit:arty:

~Zen~ · Oct 1, 2010

NORML has just released the latest poll info regarding the Prop 19 legalization bill.

The result is a significant shift in public opinion in favor of the measure, which voters previously opposed in a July Field Poll by a margin of 48 percent to 44 percent.

Sixty percent of Democrats and 62 percent of non-partisan voters said that they would vote 'yes' on Prop. 19 'if the election were being held today.' A majority of all voters age 18 to 49 said they backed the measure.

The Field Poll has been conducting non-partisan surveys of California voters since 1947.

Two additional polls released last week also emphasize voter support for Prop. 19. A Public Policy Polling firm survey of 630 likely California voters found 47 percent of likely voters backed Proposition 19, versus 38 percent against. A separate Survey USA poll of 569 California adults reported similar support, with 47 percent of respondents saying that they are 'certain' to back the measure, versus 43 percent opposed.

PollTracker.com, a website that posts aggregates results of all of the polls conducted on this issue to date shows Prop. 19 leading by 47 percent to 40 percent.

If passed by California voters, Proposition 19 would make lawful the private possession and cultivation, within specified limits, of cannabis, and would also allow local governments to enact regulations regarding its private production and commercial distribution.
Click to expand...

Duck · Oct 1, 2010

Let's have a party, guys (and gals)!

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Governator signs Cannabis Decriminalization bill in California!

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Governator signs Cannabis Decriminalization bill in California!

~Zen~ California Tripper Administrator

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stinkfoot truth

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yellowcab Fresh baked

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Duck quack. Lifetime Supporter

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