SB 486

Marijuana legalization and regulation

Under this bill, a person who is at least 21 years old may legally possess

marijuana for recreational purposes. A person of any age may possess marijuana for

medical purposes. Under the bill, a person may produce, process, or sell marijuana

if the person has a permit. This bill creates an excise tax for the privilege of

producing, processing, distributing, or selling marijuana in this state, and 60 percent

of the revenue collected from the tax is deposited into a segregated fund called the

“community reinvestment fund.” Under the bill, a person who may possess medical

marijuana is not subject to sales or excise taxes on the purchase or use of the

marijuana. The bill does not affect federal law, which generally prohibits persons

from manufacturing, delivering, or possessing marijuana and applies to both

intrastate and interstate violations.

Legalizing the possession of marijuana

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

marijuana; possessing marijuana with the intent to manufacture, distribute, or

deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;

or possessing drug paraphernalia with the intent to produce, distribute, or use a

controlled substance. The bill changes state law to allow a person who is at least 21

to possess not more than five ounces of marijuana. The bill also allows a qualifying

patient to possess marijuana for medical purposes. Under the bill, a qualifying

patient is an individual of any age who has been diagnosed by a physician as having

or undergoing a debilitating medical condition or treatment. The bill also eliminates

the prohibition on possessing or using drug paraphernalia that relates to marijuana

consumption.

Under the bill, a person who is at least 21 who possesses more than five ounces

of marijuana is subject to a penalty, which varies depending on the amount of

overage. Under the bill, if the overage is not more than one ounce, the person is

subject to a forfeiture of not more than $100; if the overage is more than one ounce

but not more than 16 ounces, the person is guilty of a misdemeanor and subject to

a fine of not more than $500; and if the overage is more than 16 ounces, the person

is guilty of a misdemeanor and subject to a fine of not more than $1,000 or a sentence

of imprisonment for not more than 90 days or both. In the last described case, the

person is guilty of a Class I felony if the person also takes action to hide the amount

of marijuana he or she has and has in place a security system to alert him or her to

the presence of law enforcement or a method to intimidate, or a system that could

injure or kill, a person approaching the area containing the marijuana.

Under the bill, a person who is under 21 who possesses marijuana is subject to

a penalty, which varies depending on the amount possessed. If the violation involves

not more than one-quarter of an ounce, the person is subject to a forfeiture of not

more than $50; if the violation involves more than one-quarter of an ounce but not