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California Decriminalizes Minor Marijuana Possession: SB 1449
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by Jordan Yerman | October 1, 2010 at 09:15 am
19187 views | 20 Recommendations | 21 comments
Schwarzenegger Makes California Marijuana Possession an Infraction: Senate Bill 1449
California Governor Arnold Schwarzenegger signed Senate Bill 1449 into law, which effectively decriminalizes minor marijuana possession. If you're caught with less than one ounce of marijuana, your offense will be treated as an infraction (like a parking ticket) rather than a misdemeanor (which requires a court appearance). As an infraction, a simple pot bust will be punishable by a $100 fine.
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Schwarzenegger Supports SB 1449, Not Prop 19
Schwarzenegger is opposed to the legalization of marijuana in general, and opposes Prop 19, which will appear on the November ballot. The Governator supported Senate Bill 1449 for budgetary reasons. Note that possession of more than one ounce of marijuana, or any amount of "concentrated cannabis: (i.e. hashish), will still be treated as a real crime.
In his Senate Bill 1449 signing statement (pdf), Schwarzenegger wrote, "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."
According to NORML, there were 61,164 misdemeanor arrests for simple marijuana in 2009 alone, so SB 1449 should free up some desperately-needed state cash. According to priceofweed.com (yes, there's really such a site), average-quality cannabis costs roughly $275 per ounce.
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Most RecentMost Recommended Comments (21)
at 10:32 on October 1st, 2010
Yes! Gov. Schwarzenegger has made some very wise decisions in the past, but this one really tops out. Now, instead of spending countless hours on courts costs, all the state will do is collect $100 and your "stash." This is incredible news! Where there were potheads, the police can now focus on much harsher crimes. This may be a precursor to a method of the state being able to fine citizens as per Prop19. Let's say Prop 19 does pass in November. As soon as the people start smoking on the street- bam, $100 fine. This will produce much needed revenue alone and even though I oppose the illegality of cannabis, this measure of decriminalization has just made history!
at 10:48 on October 1st, 2010
Shwarzenegger signed the bill in an attempt to win undecided voters to vote against prop 19. It's a step in the right direction, but once California legalizes marijuana you can expect to see a huge outpouring of support by the public, but you will also see the incursion of the federal government. Democrats, who are generally against states rights are also against Prop 19, while Republicans, who are supposed to be for state's rights and against federal incursion need to find a way to look like they are for the people, and against the Feds at the same time. This is their attempt. Too bad Californians now support full legalization of marijuana by a margin of 11 points. It just may pass, and if it does it will go all the way to the supreme court.
at 12:28 on October 1st, 2010
Great! Now we just need prop 19 to pass as well and all will be cushdy.
at 11:40 on October 2nd, 2010
Nah, that's kind of exactly what the Governer doesn't want. I don't think you really read this. If prop nineteen is passed marijuana will become easier to purchase, the quality will take a dive; essentially weed will become the same as tobacco. I do not want my marijuana's quality and chemical makeup to suffer because every dumb stoner wants to smoke 'legally'. Besides, it's not like you'll be able to walk down the street and smoke a blunt. You'll have to consume 'responsibly' just like alcohol. In your own home, and no driving post-consumption.
at 20:52 on October 10th, 2010
That's the dumbest shit I've ever read.
at 20:53 on October 10th, 2010
Was talking about what Chris Perez was saying btw.
at 14:46 on October 1st, 2010
The Governator's signing of this bill is a good step in the right direction, but I'm not so sure about Prop 19. Prop 19 sounds good on the surface, but you need to read it with attention to detail. Many parts of it start off with the phrase, "Notwithstanding" other existing laws, state, county or local governments can impose many additional requirements, fees, etc.on growers and users. The big problem is the word "Notwithstanding." As in, regardless of other existing laws and statutes. Like Prop 215, SB 420 etc. As I read this, and as the anti-prop 19 crowd does, Prop 19 DOES NOT create an exception for people who currently grow, use or sell medical MJ under the existing and well established Medical MJ laws. So right now you could be legally growing, using or selling under Prop 215, but if Prop 19 passes, all that could go away. AND various government entities could pile on all kinds of new licensing requirements and fees that would push the Prop 215 folks out of business and really make a mess of a system that is already working just fine. As someone who has a doctor's recommendation, I can easily and legally grow and/or purchase Medical MJ. If Prop 19 passes, as I read it, it looks like all that could go away.If I'm wrong, someone please correct me, Trust me, I'd LOVE to be wrong on this one.
at 16:54 on October 1st, 2010
SORT OF!I am still trying to clear up the growing portion for myself, but after close reading of PROP 19:Under "Purposes" section it says (whether local government decides to tax and regulate marijuana or not) "except as permitted under Health and Safety Sections 11362.5 and 11362.7 through 11362.9."Meaning PROP 215 and SB 420 are unaffected by the regulations on taxing and selling marijuana even if they decide its still illegal!
at 15:09 on October 1st, 2010
Yes, yes, yes. Arnold you the man for standing up to all those money grabbing cops and courts.This criminalization of a plant has been the most insane episode in American history since Prohibition. That did not turn out well either. Why can't those who make the rules understand that history has a tendency to repeat itself unless we learn by our past mistakes.
at 10:32 on October 4th, 2010
You should know what you are talking about prior to posting. Neither COPS or the Cities they work for get any money from marijuana violations. The amount of money received from citations does not add up to 1% of the fine, this all goes to the State & County.
at 15:38 on October 1st, 2010
So, they will take your stash?
at 16:10 on October 1st, 2010
Ed Wildman, this is a common misconception, covered in the FAQ on yeson19.com.
yeson19.com/node/97#medical
at 19:32 on October 1st, 2010
I feel like this is Schwarzenegger's way of getting behind Prop 19 without endorsing it. He emphasizes the cost-cutting measures of decriminalization, but fails to account for the loss of income from possession related offenses. In order to recoup its losses the state will most likely have to bring in additional income by the taxation of marijuana rather than fining those who enjoy the recreational use of it.
at 04:14 on October 2nd, 2010
Its good to see the governor handling the situation with some common sense... if you can't beat them at least take advantage of the situation.
at 07:33 on October 2nd, 2010
The cops will just plant more on you and than your in jail again. Sorry arnold there is no substitute for MJ being legal.
at 07:37 on October 2nd, 2010
Hey everyone. PLEASE research prop 19. If you can red the bill. Prop 19 IS NOT THE BILL we want. It takes away growing from the growers and puts it inthe hands of corporations. PLEASE research prop 19 before you cast your vote. We need a better bill than this one!
at 11:11 on October 2nd, 2010
yipeee.. go armie!
at 16:39 on October 2nd, 2010
The biggest effect of decriminalizing possession [aside from an increase in liberty and justice] is an increase in profits for the black-market suppliers, along with all of the corruption and violence that implies.LEGALIZE it and put the black market out of business. THAT is the only rational path.Vote YES on Prop 19 in one month. We shall do the right thing.Richard P Steeb, San Jose California
at 16:19 on October 6th, 2010
For that matter, it is the illegalization of all drugs that is responsible for the drug-related crime. Mafia had its heyday during the Prohibition, when alcohol was illegal and thus could only be delivered by organized crime; and it is because of the drugs being illegal, not because of drugs themselves, that we see all the brutality associated with there being a criminal infrastructure in place to get the drugs to the market. Legalizing drugs will get rid of this criminal infrastructure and with it the vast bulk of violent crime in the West. Jails will lose more than half of their prison population, and with it the vast outlays of taxpayer money that it takes to keep the people there. And the law enforcement will be set free to fight real crime, with there being enough space in jail for those who commit real crimes.
at 21:26 on October 10th, 2010
Ishambat, I agree with you when it comes to some drugs, like MJ. But we can not leagalize the really hard, addicting stuff. There's a lot of crime committed by addicts to get money to buy hard drugs. But, just clearing the courts and prisons of pot offenders would be a savings. The black-market, criminal organizations will just move on to other illicit enterprises, like the mafia did.
at 12:27 on October 13th, 2010
www.independent.com/news/2010/oct/12/state-voter-guide-snafu/