Thread: CA. pot penalties reduced, $100 fine, no jail, 1oz. or less

Schwarzenegger signs bill reducing offense for marijuana possession

October 1, 2010 | 10:31 am

Gov. Arnold Schwarzenegger opposes Proposition 19, which would legalize the recreational use of marijuana, but he offered a consolation Thursday by signing a bill that would downgrade possession of an ounce or less from a misdemeanor to an infraction.

SB 1449 was written by state Sen. Mark Leno (D-San Francisco), who said it will keep marijuana-related cases from going to court-clogging jury trials, although the penalty would remain a fine of up to $100 but no jail time.

"Notwithstanding my opposition to Proposition 19, however, I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name," Schwarzenegger wrote in a signing message.

"In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket."

The governor’s action was denounced by Randy Thomasson, president of saveCalifornia.com.

"This virtual legalization of marijuana definitely sends the wrong message to teenagers and young adults," Thomasson said. “It invites youth to become addicted to mind-altering pot because there's not much hassle and no public stigma and no rehab if they’re caught."

Not surprisingly, the governor was praised by Dale Gieringer, director of California NORML, which supports legalization.

"Gov. Schwarzenegger deserves credit for sparing the state's taxpayers the cost of prosecuting minor pot offenders," Gieringer said. "Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources."

The new law takes effect Jan 1, 2011.

-- Patrick McGreevy in Sacramento

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Pot penalties reduced in California

By Matthew T. Hall and Hailey Persinger
Friday, October 1, 2010 at 8:42 p.m.

Marijuana law Starting in January, getting caught with an ounce or less of marijuana in California will be an infraction on par with jaywalking and littering — and not a misdemeanor that can tie up juries and show up on criminal background checks for job applicants.

Gov. Arnold Schwarzenegger signed the law Thursday, but said it doesn’t change his opposition to Proposition 19, the Nov. 2 ballot measure that would legalize possession and personal use of up to an ounce of marijuana.

Governor's statement
To the Members of the California State Senate:

I am signing Senate Bill 1449.

This bill changes the crime of possession of less than an ounce of marijuana from a misdemeanor

punishable only by a $100 fine to an infraction punishable by a $100 fine. Under existing law,

jail time cannot be imposed, probation cannot be ordered, nor can the base fine exceed $100 for

someone convicted of this crime.

I am opposed to decriminalizing the possession and recreational use of marijuana and oppose

Proposition 19, which is on the November ballot. Unfortunately, Proposition 19 is a deeply

flawed measure that, if passed, will adversely impact California’s businesses without bringing in

the tax revenues to the state promised by its proponents. Notwithstanding my opposition to

Proposition 19, however, I am signing this measure because possession of less than an ounce of

marijuana is an infraction in everything but name. The only difference is that because it is a

misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney. In this time

of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot

afford to expend limited resources prosecuting a crime that carries the same punishment as a

traffic ticket. As noted by the Judicial Council in its support of this measure, the appointment of

counsel and the availability of a jury trial should be reserved for defendants who are facing loss

of life, liberty, or property greater than $100.

For these reasons, I am signing this bill.

Sincerely,

Arnold Schwarzenegger
Reaction was predictably divided Friday. Both sides of Proposition 19, which voters will settle on Nov. 2, tried to use the signing of Senate Bill 1449 to their advantage.

Supporters said it would save the state millions of dollars in court and prosecution costs at a time the money was sorely needed and shows momentum is on their side.

“Our movement is shaping policy in California and beyond,â€