AB 130

Current law prohibits a person from possessing or attempting to possess

marijuana. A person who violates the prohibition is guilty of a misdemeanor crime

and may be fined not more than $1,000 or imprisoned for not more than six months,

or both, for a first conviction and is guilty of a Class I felony and may be fined not more

than $10,000 or imprisoned for not more than three years and six months, or both,

for a repeat conviction. This bill reduces to a $100 civil forfeiture the penalty for

possessing or attempting to possess not more than 10 grams of marijuana and

eliminates the counting of a conviction involving not more than 10 grams of

marijuana when determining if a violation is a repeat conviction.

Current law allows a local government to enact an ordinance prohibiting the

possession of marijuana and to impose a forfeiture for a violation of the ordinance.

The bill preempts local government from imposing a forfeiture amount for the

possession of not more than 10 grams of marijuana that is different from the

forfeiture amount imposed by the state for possession of not more than 10 grams of

marijuana. The bill does not change the current law that allows local governments

discretion in the forfeiture amount imposed for possession of 10 grams or more of

marijuana.

The bill also specifies that a citation issued for possession of marijuana must

contain provisions for a deposit in lieu of a court appearance. The court may consider

the deposit as a plea of no contest and enter a judgment without the person appearing

in court.

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.