AB 891

Under current law, a person may not possess marijuana or another substance

containing tetrahydrocannabinol (THC). In general, a person who violates this

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

imprisoned for not more than six months, or both. A person who commits a second

or subsequent violation is guilty of a Class I felony and may be fined up to $10,000,

imprisoned for up to three years and six months, or both. Current law also authorizes

counties and municipalities to enact ordinances prohibiting the possession of 25

grams or less of marijuana. A violation of such an ordinance is a civil offense

punishable by a forfeiture (a civil fine). The ordinance, however, cannot be used to

prosecute a person who has previously been convicted of possessing marijuana.

Under this bill, a person who commits a first offense of possession of THC

commits a civil offense, punishable by a forfeiture of not less than $150 nor more than

$300. Under the bill, a person who commits a second offense of possession of THC

is guilty of a Class C misdemeanor and may be fined up to $500, imprisoned for up

to 30 days, or both. A person who commits a third offense is guilty of a Class A

misdemeanor, and may be fined up to $10,000, imprisoned for up to nine months, or

both. Under the bill, a person who commits a fourth or subsequent possession of THC

offense, or who has been convicted of a prior crime related to any controlled substance

except possession of THC, is guilty of a Class I felony and may be fined up to $10,000,

imprisoned for up to three years and six months, or both.

The bill allows a county or municipality to enact ordinances that make the first

possession of any amount of marijuana a civil offense, punishable by a forfeiture. The

ordinance, however, cannot be used to prosecute a person who has committed a prior

offense of possessing THC.

Similarly, the bill provides that a person under 17 years of age (juvenile) who

is found to have committed a first violation of possession of THC is subject to the

dispositions specified in the Juvenile Justice Code for a juvenile who violates a civil

law rather than to the delinquency dispositions specified in the Juvenile Justice

Code for a juvenile who violates a criminal law. Under the bill, a juvenile who is found

to have committed a first violation of possession of THC may be ordered to pay a

forfeiture not to exceed $50 or to participate in a teen court program, in community

service work, or in an alcohol or other drug abuse treatment or education program.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.