NORML Action Alert: Schwarzenegger Signs Marijuana Infraction Measure!

October 1, 2010
By Paul Armentano, NORML Deputy Director

Yesterday outgoing California Governor Arnold Schwarzenegger signed Senate Bill 1449 — which reduces adult marijuana possession charges from a criminal misdemeanor to a civil infraction. NORML would like to thank the 2,500+ of you who took the time to write the Governor via NORML’s ‘Take Action Center’ over the past week, and the many more who called the Governor’s office directly in support of this historic measure.

Senate Bill 1449 amends the California Health and Safety Code so that the adult possession of up to 28.5 grams of marijuana is classified as an infraction, punishable by no more than a $100 fine — no court appearance, no court costs, and no criminal record.

Passage of this bill will save the state millions of dollars in court costs by keeping minor marijuana offenders out of court. The number of misdemeanor pot arrests has surged in recent years, reaching 61,388 in 2008.

The new law, which takes effect on Jan 1, 2011, will have an effect even if Californians vote to legalize marijuana by passing Prop 19. Proposition 19 leaves misdemeanor possession penalties in place for public use and smoking in the presence of children; under SB 1449, these offenses would be simple infractions.

“Gov. Schwarzenegger deserves credit for sparing the state’s taxpayers the cost of prosecuting minor pot offenders,” said California NORML director Dale Gieringer, “Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources.”


http://hawaiinewsdaily.com/2010/10/...rzenegger-signs-marijuana-infraction-measure/

Ohhhh yeah!


Obama is just a figurehead for this nation, it really is the turn of the tide now. If you want change quit trying to be a president and be your own governator!

come with me if you want to smoke

Less than an ounce? $100 fine, no trial, no jail... good stuff

a step in the right direction

As this appears to be an official Government press release, I assume I can post it in its entirety without copyright violations:

From California Governor Arnold Schwarzenegger, on September 30, 2010.

To the Members of the California State Senate:

I am signing Senate Bill 1449.

This bill changes the crime of possession of less than an ounce of marijuana from a misdemeanor punishable only by a $100 fine to an infraction punishable by a $100 fine. Under existing law, jail time cannot be imposed, probation cannot be ordered, nor can the base fine exceed $100 for someone convicted of this crime.

I am opposed to decriminalizing the possession and recreational use of marijuana and oppose Proposition 19, which is on the November ballot.

Unfortunately, Proposition 19 is a deeply flawed measure that, if passed, will adversely impact California’s businesses without bringing in the tax revenues to the state promised by its proponents.

Notwithstanding my opposition to Proposition 19, however, I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name. The only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney.

In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.

As noted by the Judicial Council in its support of this measure, the appointment of counsel and the availability of a jury trial should be reserved for defendants who are facing loss of life, liberty, or property greater than $100.

For these reasons, I am signing this bill.

Sincerely, Arnold Schwarzenegger



A lot of people who heard this news didn't seem to know/read the details (based on all the comments I see elsewhere). Namely that this only affects one thing, the classification; all the punishments are the same.
Obviously its great that getting busted for simple possession no longer goes on your criminal record .. but now one's due process rights are also restricted.

Up here possession < 1 ounce has been a Violation (rather than misdemeanor) for a while (altho the Cops/DA can slap a school-zone modifier on you if they want, making is a c-misdemeanor with potential probation etc).
Fines here are $600-1000 first time (unless you enter drug treatment, which can be slightly less, and also the only way to avoid a 6-month driver's license suspension).

In hypothetical terms, I'd rather be imprisoned for a drug offense, where I could consider myself a political prisoner and fight for my rights, than extorted with a large fine for something that even the State doesn't consider criminal any more.
Though if our fine was only $100 I probably would be pretty stoked about the news
As it is, even with decriminalized status here, I've all but given up on herb as I couldn't afford even one citation, and need to keep my UA's clean as I job surf.

Genius political move before the Prop 19 vote, though.
Might be the nail in the cannabis legalization coffin for now; many persons who don't smoke and aren't terribly interested in the drug politics will consider this an olive-branch appeasement to the smokers and vote to maintain the status quo elsewhere.

Without browsing through NORML's 50-states website, does this place CA as #2 most lenient behind Alaska (aren't up to 4oz essentially legal there as of a few years back?)