While You Were Weekending: California Makes Pot an Infraction

[Hepburn]

Okay Californians, Johnny Law is serious this time!

If you get caught with up to an ounce of marijuana, you'll be in big trouble. In fact, you can get fined as much as $100. No kidding!

Gov. Arnold Schwarzenegger signed a bill into law on Friday that reduces possession of that amount of weed from a misdemeanor to an infraction. So if you've got enough on you to make three or four joints, then you're going to get into as much trouble as you would if the California Highway Patrol gave you a speeding ticket.

...snip...

Still on the ballot for November, however, is Proposition 19, which would legalize recreational use of marijuana, making even the fine for possession moot, null and void.

Read more: http://newsfeed.time.com/2010/10/04/while-you-were-weekending-california-makes-pot-an-infraction/#ixzz11OcrHZnl

Seems to me that a speeding ticket is a heck of a lot more than $100! But...interesting that possession for personal use has been decriminalized. With an infraction, there is no element of "intent" involved, thus no crime has taken place. Works for me!

:smoke:

[meegbear]

1. Welcome aboard!

Massachusetts has had that law since voters agreed to it in 2008.

[uncommon]

2. Lol, that's what we have here in MA now - a $100 fine for possession under an ounce.

:)

[WilliamPitt]

3. Following Massachusetts

We did hat last year.

:smoke:

[Le Taz Hot]

4. Actually, we decriminalized it in 1978

and the fine has been $100.00 since then. The significance of the legislation was that violation WAS a misdemeanor but is now classified as an infraction which takes away the criminality element.

[Hepburn]

5. Exactly....

...it cannot be considered on anyone's record for any reason of an penalty enhancement on the sentencing for another criminal act. This, IMO, is very significant. While it was a misdemeanor, it was a crime. Now...it is no longer a crime of any nature.

[yella_dawg]

6. "So if you've got enough on you to make three or four joints"

For quantities under an ounce? Damn! You twist some fatties!

[Hepburn]

7. ...

...:smoke:

[Qutzupalotl]

8. Schwarzenegger opposes Prop. 19. He's trying to take the wind out of the sails.

Don't get me wrong, I'm glad he is reducing penalties. But keep the big picture in mind and don't let up until you have full statewide legalization.

[Hepburn]

9. Totally agree and I have no clue why Arnold is against legalizing grass.

It is a monetary windfall for Calif. Not sure what the hell is going on with this. Will DEFINITELY vote for legalization in the election.

Question: My pals and I were discussing this over the weekend and wondering how it would be sold ~~ when it is legal. One of them is familiar with medical MJ and said that it come in cubes and one uses a bong. I am wondering if the plans to sell it when it is legal will have it sold in the same way. Any info on this?

[Bullet1987]

10. Because it's still the political thing to do...pretend that marijuana is the most dangerous drug

in America. Continue to buy into the Drug War even though everyone is calling it bullshit. What this shows me is that they fear Prop 19 will pass because this only gives credibility to the proponents of Prop 19, not to those trying to keep the status quo. He's trying to position himself on the right side of this issue without fully coming out in favor of the measure.

[Hepburn]

12. Weird...

...why would he care? He is not running for any office.

[Mike Marble]

11. Schwarzenegger said the state couldn't afford the court costs.

Although it has been a $100 fine since the 1970s, it was always a misdemeanor, requiring a court appearance. It costs money to have a judge, public defender, and prosecutor show up.

In fact, several California pot defense attorneys have told me that if people arrested under the old law demanded a jury trial, prosecutors would just drop the charges.

Still, it's time for legalization. Yes on Prop 19!

[Hepburn]

13. Yeah, that is pretty much what I have seen on anyone fighting the charge...

...it is a misdeamenor...so it is usually no big deal with the DAs. In LA County, however, the City Atty prosecutes misdemeanors and they can be a mega pain in the ass. They think EVERY case they get is worthy of the death penalty. They simply have not spent enough time in the criminal courts to have Clue One.