California Governor Signs Marijuana Decriminalization Bill

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California Gov. Arnold Schwarzenegger (R) Thursday signed into law a bill that decriminalizes the possession of up to one ounce of marijuana. The bill reduces simple possession from a misdemeanor to an infraction.

Currently, small-time pot possession is "semi-decriminalized" in California. There is no possible jail sentence and a maximum $100 fine. But because possession is a misdemeanor, people caught with pot are "arrested," even if that means only they are served a notice to appear, and they must appear before a court.

That has happened to more than a half million Californians in the last decade, and more than 60,000 last year alone. Every one of them required a court appearance, complete with judge and prosecutor. That costs the cash-strapped state money it desperately needs.

Under the bill signed today, SB 1449, by Sen. Mark Leno (D-San Francisco), pot possession will be treated like a traffic ticket. The fine will remain at $100, and there will be no arrest record.

In a signing statement, Schwarzenegger said he opposed decriminalization for personal use–and threw in a gratuitous jab at Proposition 19, the tax and regulate marijuana legalization initiative–but that the state couldn't afford the status quo.

"I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name," said Schwarzenegger. "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."

"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."

The law goes into effect January 1. Even if Prop 19 passes in November, it leaves in place misdemeanor charges for smoking in public or in the presence of minors. Those misdemeanors would become infractions under the new law.

Sacramento, CA
United States


NewsHawk: MedicalNeed:420 MAGAZINE
Source:stopthedrugwar.org
Author: Phillip Smith
Contact: StoptheDrugWar.org | raising awareness of the consequences of prohibition
Copyright:StoptheDrugWar.org
Website:California Governor Signs Marijuana Decriminalization Bill | StoptheDrugWar.org
 
my respect goes out to the state of California for leading the way for all of us,
I look forward to the day Michigan steps up and brings an end to the craziness that is the war on drugs, the day will come when the federal government has no choice but to back off.
 
Interesting timing. You don't suppose that they're trying to chip away from the base of people that are likely to vote to legalize in November, do you?

On a more positive note, I do agree with the fact that if an (any) offense is punishable only by a fine and that there is no provision for differing sentences/punishments, that a person should only be required to go to court if he/she wishes to plead innocent (I never liked the thought of merely pleading "not guilty").
 
yes yes yes to prop 19 can't wait till November to here whats gonna happen and if it does i know im going back to my home town of southern cali.... a.k.a. L.A. baby! i've been meaning to go back for ten years lol.
 
Good news that!
They could make the pot legal and then hand it out for free... I still wouldn't want to live in Cali... LOL

as opposed to Oregon?
 
Good news that!
They could make the pot legal and then hand it out for free... I still wouldn't want to live in Cali... LOL

Ok, I'll bite...

What's wrong with living in CA, exactly?

It's a big state - are you telling me there's not at least ONE nice area in Cali you'd care to reside in?

What's so great about Oregon?

Pray do explain, good sir.
 
The law goes into effect January 1. Even if Prop 19 passes in November, it leaves in place misdemeanor charges for smoking in public or in the presence of minors. Those misdemeanors would become infractions under the new law.

One step closer

more than one step imo. the misdemeanor for smoking minors takes away a major sticking point for potential 'no' voters. gone is the FUD of jack booted thugs commig in to bust you for smoking a jay in the same house as your kid...

Plus, now that rec MJ use is less punishing than misusing a commuter lane, i cant see how the average joe wont vote yes for 19...why only have an occasional $100 fine in the coffers for those busted, when instead we could have all rec MJ sales provide tax revenue?


-Told ya arnie's a flip flop master.
 
more than one step imo. the misdemeanor for smoking minors takes away a major sticking point for potential 'no' voters. gone is the FUD of jack booted thugs commig in to bust you for smoking a jay in the same house as your kid...

Plus, now that rec MJ use is less punishing than misusing a commuter lane, i cant see how the average joe wont vote yes for 19...why only have an occasional $100 fine in the coffers for those busted, when instead we could have all rec MJ sales provide tax revenue?


-Told ya arnie's a flip flop master.

TS's definitely got a point - and realistically, the infraction law may have the opposite effect on neutral, noncommittal, more complacent voters - of which there are lots.

Make it an infraction, and enough casual users that might've voted for Prop 19 simply for smoking rights might now consider the new law 'close enough' to what they want or use mj for, anyway. Not everyone's an activist...or active...

A nudge, a wink, and a slap on the wrist. Which puts a little revenue back in the state budget (including saving a chunk in prosecutorial and other 'system' costs), while still pandering just enough to the conservative base.
---

The pharmaceutical interests are still served, LEO keeps a large chunk of their budget, the illegal, for-profit growers are kept happy (heaven forbid those prices should actually fall precipitously under a truly legal climate) - everybody against it still wins.

(Heck, they'll probably build in end-of-month quotas into every local LEO dep't budget, just like for driving infractions. A little short this month? Have 'em search folks coming out of (or into) large music concerts at the venue gates. Just give 'em a $100 fine to go along with the $12 beer, $40 T-shirts, and $150 ticket prices. Capitalism at work...)

In that case, an agenda like that's f'n brilliant. :(

-TL
 
cops dont wanna bust pot heads, they want to catch drunk drivers and violent criminals. at least all the ones I have asked do...

which would make the state more money? $50 bucks tax a zip or $100 per bust...?
 
which would make the state more money? $50 bucks tax a zip or $100 per bust...?

On this note, Prop 19 frees up the ability to legally sell cannabis in non-retail settings (i.e. person-to-person, friend-to-friend, etc). The rumored $50 levi per ounce is completely avoidable and makes collecting any majority of taxes on the sale of cannabis largely impossible. Even if that were not the case, I would never vote for Prop 19 on the basis that California's budget problems are from inefficient use of tax money. I'm not giving them more money to spend poorly.

SnowBender said:
-Told ya arnie's a flip flop master.

He stated his position has not changed at all. His signature simply means he is in touch with California's ridiculous allocation of funding as a whole.
 
Ok, I'll bite...

What's wrong with living in CA, exactly?

It's a big state - are you telling me there's not at least ONE nice area in Cali you'd care to reside in?

What's so great about Oregon?

Pray do explain, good sir.

I don't think he is talking about the geography or the climate. Besides a few good apples in the political scene (prop 215, prop 19) the politics here are ridiculous. Not to mention the cost of living. Can't compare that to OR but you can't argue that California is expensive as hell.
 
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