AB 861

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. Under current law, a repeat conviction includes any previous

conviction for a state or federal misdemeanor or felony relating to a controlled

substance.

This bill reduces to a $100 civil forfeiture the penalty for possessing or

attempting to possess 14 grams or less of marijuana. The bill also eliminates

counting, for the purposes of determining if a conviction is a repeat conviction, a

criminal offense of marijuana possession involving 28 grams or less. The bill also

reduces the imprisonment time for a repeat conviction for marijuana possession from

three years and six months to 90 days.

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