Decriminalizing 28 grams or less of marijuana. (FE)

2. A person who manufactures, distributes, or delivers marijuana, or possesses marijuana with the intent to manufacture, distribute, or deliver it, is guilty of a Class I felony if the amount involves not more than 200 grams or not more than four plants;

a Class H felony if the amount involves more than 200 grams but not more than 1,000 grams or more than four plants but not more than 20 plants; a Class G felony if the amount involves more than 1,000 grams but not more than 2,500 grams or more than 20 plants but not more than 50 plants; a Class F felony if the amount involves more than 2,500 grams but not more than 10,000 grams or more than 50 plants but not more than 200 plants; or a Class E felony if the amount involves more than 10,000 grams or more than 200 plants.

This bill eliminates 1) the penalty for possession of marijuana if the amount of marijuana involved is not more than 28 grams; and 2) the penalty for manufacturing, distributing, or delivering, or for possessing with the intent to manufacture, distribute, or deliver, if the amount of marijuana involved is not more than 28 grams or the number of plants involved is not more than two. The bill, however, 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.

Current law also allows local governments to enact ordinances prohibiting the possession of marijuana. The bill limits local governments to enacting ordinances prohibiting the possession of only 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.

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. 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.