Possession Of Up To An Ounce Of Marijuana Reduced To An Infraction – Health & Safety Code § 11357; Vehicle Code § 23222

On October 1, 2010, Governor Arnold Schwarzenegger signed a bill reducing possession of up to an ounce of marijuana from a misdemeanor to an infraction.

Under the new law, SB 1449, a person who possesses up to an ounce may be cited and required to pay up to a $100 fine, but will not be given jail time or a criminal record.  (H&S Code § 11357; V.C. § 23222.)  Also, people cited for infractions have no right to a trial.

SB 1449 aims to reduce minor marijuana possession cases from going to court because of scarce judicial resources, the significant budget deficit facing California, and the minor seriousness of the previously classified crime.  Under the old law, possession of up to an ounce of marijuana was the only California misdemeanor that did not prescribe jail time, though a conviction resulted in a criminal record.  Because a defendant could chose to go to trial if he or she is accused of a misdemeanor, the previous law posed a serious financial burden on the state of California for prosecuting a very minor public offense.  Now, minor marijuana possession is treated similarly to a jaywalking ticket.

SB 1449 does not affect laws punishing drug intoxication, such as public intoxication (P.C. § 647(f)) or driving under the influence (V.C. § 23152(a)).

Groups who supported SB 1449 include the Judicial Council of California and the California District Attorneys Association.  Groups opposed include the California Narcotics Officers Association and the California Peace Officers Association.

Prop. 19, the California voter initiative that proposes to legalize possession of up to an ounce of marijuana, remains on the November 2010 ballot.  Gov. Schwarzenegger has expressed his opposition to Prop. 19.

If you or someone you know has been accused of a drug crime, you will need an experienced Southern California drug crime lawyer who will seek the best possible resolution for your case.  At Wallin & Klarich, we have represented people accused of drug crimes for over 40 years.  Call us today at (888) 280-6839. We will be there when you call.