Legal Commentary

Schwarzenegger Signs Bill Reducing Marijuana Penalties

By Jeralyn

California Gov. Arnold Schwarzenegger has signed a bill into law that reduces the offense of possession of up to one ounce of marijuana from a misdemeanor to an infraction, like a traffic ticket. The penalty has not changed -- both the misdemeanor and the petty offense carried a $100.fine. The Governor, who opposes Prop 19, said:

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.

So what's the difference? According to the Governor:

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.

So his goal was not to ensure that those who possess marijuana don't end up with a criminal record. It was to save money and prevent them from getting a jury trial and a lawyer at state expense.

Is an infraction not a crime in California? Will those who are fined be entitled to state on employment applications that they have never been charged or convicted of a criminal offense under the new law? If not, the change does not go far enough.

Total decriminalization is needed. Writing tickets for pot possession is a waste of state resources.

Full post as published by TalkLeft on October 01, 2010 (boomark / email).