SB 577

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

possessing with the intent to manufacture, distribute, or deliver; and

manufacturing, distributing, or delivering marijuana. The penalties vary based on

the amount of marijuana or plants involved or the number of previous

controlled-substance convictions the person has. Current law also allows local

governments to enact ordinances prohibiting the possession of marijuana.

This bill eliminates 1) the penalty for possession of marijuana if the amount of

marijuana involved is no more than 28 grams; 2) the penalty for manufacturing or

for possessing with the intent to manufacture, distribute, or deliver if the amount of

marijuana involved is no more than 28 grams or the number of plants involved is no

more than two; and 3) the penalty for distributing or delivering marijuana if the

amount of marijuana involved is no more than 28 grams or the number of plants

involved is no more than two. The bill retains the current law penalty for distributing

or delivering any amount of marijuana to a minor who is no more than 17 years of

age by a person who is at least three years older than the minor. The bill limits local

governments to enacting ordinances prohibiting only the possession of more than 28

grams of marijuana.

The bill also prohibits establishing probable cause that a person is violating the

prohibition against possessing more than 28 grams of marijuana by an odor of

marijuana or by the possession of not more than 28 grams of marijuana. Current law

requires that, when determining the weight of controlled substances, the weight

includes the weight of the controlled substance together with any compound,

mixture, or other substance mixed or combined with the controlled substance. Under

the bill, when determining the amount of tetrahydrocannabinols, only the weight of

the marijuana may be considered. Finally, the bill creates a process for expunging

or dismissing convictions involving less than 28 grams of marijuana that occurred

before this bill takes effect.