Penalties for possession of marijuana, employer liability for not drug testing employees and prospective employees, and providing a penalty. (FE)

Current law also increases the penalties for possession of other controlled substances due to a prior conviction for a state or federal misdemeanor or felony relating to a controlled substance. The bill eliminates counting, as a prior conviction, a conviction for marijuana possession involving 28 grams or less.

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 a local government from imposing a forfeiture amount for the possession of 14 grams or less of marijuana that is less than the $100 forfeiture amount imposed by the state or that is more than $250. Under the bill, the court may impose, instead of the forfeiture amount, no less than 16 hours nor more than 40 hours of community service for violating an ordinance prohibiting the possession of 14 grams or less of marijuana. The bill does not change the current law that allows local governments discretion in the forfeiture amount imposed for possession of more than 14 grams of marijuana.

Current law prohibits a person from using or possessing drug paraphernalia with the intent to produce, distribute, or use a controlled substance. A person who violates the prohibition is guilty of a misdemeanor and subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both. The bill reduces the penalty to a civil forfeiture of not more than $10 for using or possessing drug paraphernalia that relates to marijuana consumption.

The bill also specifies that a citation issued for possession of marijuana or marijuana paraphernalia 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.

The bill allows law enforcement officers discretion in how they complete processing or “booking” of a person for a violation of state law or a local ordinance prohibiting possession or attempted possession of marijuana or marijuana paraphernalia, including whether to take the person to jail, complete a booking photo, or fingerprint the person. Under the bill, however, a law enforcement officer must still obtain certain personal information from the person sufficient for identification, including at least the person's name and current address.

The bill, subject to certain exceptions, limits the liability of an employer that does not require an employee or prospective employee to submit to a test for the presence of any tetrahydrocannabinol (THC), which is the active ingredient in marijuana, synthetic cannabinoid, or a controlled substance analog to THC or a synthetic cannabinoid in his or her system (drug testing) as a condition of employment.

The bill does not apply to the drug testing of an employee or prospective employee who is subject to drug testing under 1) any regulation promulgated by the federal Department of Transportation that requires drug testing of an employee or prospective employee or any rule promulgated by the Department of Transportation of this state adopting such a regulation for purposes of enforcing the requirements of that regulation with respect to intrastate commerce; 2) any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of employees and prospective employees as a condition of receiving the contract or grant; 3) any federal statute, regulation, order, or other requirement or condition that requires drug testing of employees and prospective employees for purposes of safety or security; 4) any substance abuse prevention program under a collective bargaining agreement or under the current law that requires such programs for public works and public utility projects; 5) rules promulgated by the Law Enforcement Standards Board requiring drug testing of prospective law enforcement officers, tribal law enforcement officers, jail officers, and secure detention officers; or 6) any employer requirement that an employee be a licensed private security person and carry a firearm in the course of employment.

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.