News » The Marijuana Law When SB 1449 Goes Into Effect





A lot of elation has been going around today upon the news of Governor Schwarzenegger signing SB 1449 into law in California. The new law goes into effect on January 1, 2011 and in a nutshell, decriminalizes the carrying of up to 28.5 grams (1.005 ounces) of marijuana on one’s person unless that person has an authorized medical marijuana card or license.

That’s the news around the ‘Net and in the newspapers today. But what do the new changes to California’s marijuana laws really do?

The good news is that, for the most part, the hype is correct. Senate Bill No. 1449 amends Section 11357 of the Health and Safety Code (non-medical marijuana laws) to reflect the decriminalization of up to an ounce (stated as 28.5 grams) of marijuana.

First, it makes the possession of unauthorized concentrated cannabis an offense with up to a year of jail or a fine of not more than $500 (or both) and also allows those convicted to be sent to prison in lieu of county jail.

The next section is the one that gets all of the attention. This makes any adult over the age of 18 carrying no more than 28.5 grams of marijuana (other than concentrated cannabis) guilty of an infraction, rather than a criminal misdemeanor, punishable by a fine of no more than $100.

Police and courts are likely to interpret this in a similar way to the current state of affairs where, if the person complies with giving identification to the officer writing the infraction (ticket) and signs a promise to appear in court, the person will not be jailed or booked or otherwise given any criminal indictments. This may or may not fly with a higher interpretation of the law, but is likely to be how it shakes out. The question comes down to the requirement of a person to provide identification to an officer when no criminal infringement is at hand. Although legally California has no “stop and identify” law, in practice most officers with a reasonable suspicion will ask for ID and make the suspect’s life miserable if they do not comply. (Author’s note: I am neither a lawyer nor a police officer, so my information is based only on research and should not be taken as legal advice.)

The new decriminalization includes driving a vehicle with marijuana in one’s possession, provided the driver is not intoxicated under California law. The motor vehicle rule is defined as “one avoirdupois ounce” rather than 28.5 grams, however.

Exceptions include the possession of that 28.5 grams or less of cannabis on the grounds of or within any grade 1-12 school when the school is in operation, in which case the person will be guilty of a misdemeanor punishable by a fine of not more than $500 and/or up to ten days in county jail.

Those under 18 are also subject to new punishments for the possession of up to 28.5 grams when caught on school grounds.

Possession of over 28.5 grams (again, not including concentrated cannabis) without a medical permit is subject to criminal prosecution, but at reduced sentences of fines up to $500 and/or up to six months of county jail time.

Click the Source link below to read the actual law, as passed and signed by the governor.

[source California Senate]

Tags: California, decriminalization, legalization, SB 1449, SB1449, Schwarzenegger