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CA Decrim bill SB 797 Amended
The Assembly Public Safety Committee approved
an author's amendment to SB 797 (Romero) lowering the proposed fine
for possession of less than one ounce of marijuana to $100 in the
case of an infraction, but leaving the alternative misdemeanor fine
at $250.
an author's amendment to SB 797 (Romero) lowering the proposed fine
for possession of less than one ounce of marijuana to $100 in the
case of an infraction, but leaving the alternative misdemeanor fine
at $250.
SACRAMENTO, Jun 21: The Assembly Public Safety Committee approved
an author's amendment to SB 797 (Romero) lowering the proposed fine
for possession of less than one ounce of marijuana to $100 in the
case of an infraction, but leaving the alternative misdemeanor fine
at $250. The bill would make possession a "wobblet," an offense
punishable either as an infraction or a misdemeanor at the DA's
option.
Cal NORML supports making MJ an infraction, since that would
save offenders from having a criminal record; however, it is
concerned about the possibility of higher misdemeanor fines. Cal
NORML and DPA opposed the original version of SB 790, because it
would have raised the cost of a MJ ticket to $250 from the current
$100 in all cases. Given the author's amendment, Cal NORML & DPA
dropped their opposition to the bill and switched to "neutral."
Under the amended bill, most users would be likely to get an
infraction, sparing them a court appearance; however, a few would
face the higher misdemeanor penalty.
San Mateo DA Jim Fox and Judge Quentin Kopp argued strongly
for the bill, saying that prosecutors & judges would almost always
choose the infraction in order to save court costs.
The California Narcotics Officers Association opposed SB 797,
saying that marijuana offenders should stay within the criminal
system and not be dismissed with infraction tickets.
SB 797 is widely perceived as a penalty reduction bill by the
legislature. The committee voted 4-2 to approve it, with liberal
Dems supporting and Republicans against. The bill faces uncertain
prospects for passage in the Assembly, where moderate Democrats have
killed two similar bills in previous years.
Link to legislative info on SB 797
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_797&sess=CUR&house=B&site=sen
- D. Gieringer
DG
an author's amendment to SB 797 (Romero) lowering the proposed fine
for possession of less than one ounce of marijuana to $100 in the
case of an infraction, but leaving the alternative misdemeanor fine
at $250. The bill would make possession a "wobblet," an offense
punishable either as an infraction or a misdemeanor at the DA's
option.
Cal NORML supports making MJ an infraction, since that would
save offenders from having a criminal record; however, it is
concerned about the possibility of higher misdemeanor fines. Cal
NORML and DPA opposed the original version of SB 790, because it
would have raised the cost of a MJ ticket to $250 from the current
$100 in all cases. Given the author's amendment, Cal NORML & DPA
dropped their opposition to the bill and switched to "neutral."
Under the amended bill, most users would be likely to get an
infraction, sparing them a court appearance; however, a few would
face the higher misdemeanor penalty.
San Mateo DA Jim Fox and Judge Quentin Kopp argued strongly
for the bill, saying that prosecutors & judges would almost always
choose the infraction in order to save court costs.
The California Narcotics Officers Association opposed SB 797,
saying that marijuana offenders should stay within the criminal
system and not be dismissed with infraction tickets.
SB 797 is widely perceived as a penalty reduction bill by the
legislature. The committee voted 4-2 to approve it, with liberal
Dems supporting and Republicans against. The bill faces uncertain
prospects for passage in the Assembly, where moderate Democrats have
killed two similar bills in previous years.
Link to legislative info on SB 797
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_797&sess=CUR&house=B&site=sen
- D. Gieringer
DG
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