No Jail or Program can be imposed if convicted of having a small amount of marijuana under new 2011 law, DUI attorneys announce

No Jail or Program can be imposed if convicted of having a small amount of marijuana under new 2011 law, DUI attorneys announce

January 1, 2011

Marijuana possession is still a crime in San Diego, California DUI lawyers say.

If you are convicted of being in possession of less than 28.5 grams (one ounce), it is similar to a San Diego traffic ticket or infraction.

But jail, drug court, treatment or therapy can be imposed, attorneys say.

Penalty: $100 fine maximum plus assessments.

BILL NUMBER: SB 1449 CHAPTERED
BILL TEXT

CHAPTER 708
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
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).

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