SB 1113

This bill decriminalizes 28 grams or less of marijuana. Current law prohibits

a person from possessing or attempting to possess; possessing with the intent to

manufacture, distribute, or deliver; and manufacturing, distributing, or delivering

marijuana. The penalties vary based on the amount of marijuana or plants involved

or the number of previous controlled-substance convictions the person has, as

follows:

1. A person who possesses marijuana is guilty of a misdemeanor 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.

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