SB 368

Current prohibitions and penalties

Current law prohibits the manufacture, distribution, and delivery of marijuana

(also known as tetrahydrocannabinols) and the possession of marijuana with intent

to manufacture, distribute, or deliver it. Penalties for violating these prohibitions

depend on the amount of marijuana involved. If the crime involves 200 grams or less

or four or fewer marijuana plants, the person is guilty of a felony and may be fined

up to $10,000, sentenced to a term of imprisonment of up to three years and six

months, or both. If the crime involves more than 200 grams but not more than 1,000

grams, or more than four plants but not more than 20 plants, the person is guilty of

a felony and may be fined up to $10,000, sentenced to a term of imprisonment of up

to six years, or both. If the crime involves more than 1,000 grams but not more than

2,500 grams, or more than 20 plants but not more than 50 plants, the person is guilty

of a felony and may be fined up to $25,000, sentenced to a term of imprisonment of

up to ten years, or both. If the crime involves more than 2,500 grams but not more

than 10,000 grams, or more than 50 plants but not more than 200 plants, the person

is guilty of a felony and may be fined up to $25,000, sentenced to a term of

imprisonment of up to 12 years and 6 months, or both. If the crime involves more

than 10,000 grams or more than 200 plants, the person is guilty of a felony and may

be fined up to $50,000, sentenced to a term of imprisonment of up to 15 years, or both.

Current law also prohibits a person from possessing or attempting to possess

marijuana. A person who violates this prohibition and who has no prior drug

convictions is guilty of a misdemeanor and may be fined not more than $1,000,

sentenced to the county jail for up to six months, or both. For a second or subsequent

offense, a person is guilty of a Class I felony.

Current law also contains certain prohibitions regarding drug paraphernalia,

which includes equipment, products, and materials used to produce, distribute, and

use controlled substances, including marijuana. Under current law, a person who

uses drug paraphernalia or who possesses it with the primary intent to produce,

distribute, or use a controlled substance, other than methamphetamine, unlawfully

is guilty of a misdemeanor and may be fined not more than $500, imprisoned for not

more than 30 days, or both. A person who delivers drug paraphernalia, possesses it

with intent to deliver it, or manufactures it with intent to deliver it, knowing that

it will be primarily used to produce, distribute, or use a controlled substance, other

than methamphetamine, unlawfully may be fined not more than $1,000, imprisoned

for not more than 90 days, or both.

Medical necessity defense and immunity from arrest and prosecution

This bill establishes a medical necessity defense to marijuana-related

prosecutions and forfeiture actions. A person having or undergoing a debilitating

medical condition or treatment (qualifying patient) may invoke this defense. A

debilitating medical condition or treatment means any of the following: 1) cancer,