AB 440

Current law prohibits a person from manufacturing, distributing, or delivering,

or possessing with intent to manufacture, distribute, or deliver, marijuana. The

penalties for violating the prohibition range from a Class I felony to a Class E felony,

depending on the amount of marijuana involved. Under this bill, the penalty

increases to a Class E felony, regardless of the amount of marijuana involved, if the

person uses butane extraction in the manufacturing of the marijuana or in

separating the plant resin from a marijuana plant.

Current law also prohibits a person from possessing marijuana. The penalty

for violating the prohibition is a Class A misdemeanor for a first offense and a Class

I felony if the person has previously been convicted of a controlled substances crime.

Under this bill, the penalty for such a repeat offense is greater if the marijuana the

person possesses is resin that has been directly or indirectly separated from a

marijuana plant by butane extraction. The penalties for possession of such resin

vary based on the amount: three grams or less is a Class H felony; more than three

grams but not more than 10 grams is a Class G felony; more than 10 grams but not

more than 50 grams is a Class F felony; and more than 50 grams is a Class E felony.

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.