Pubdate: Wed, 09 May 2001
Source: Sacramento Bee (CA)
Copyright: 2001 The Sacramento Bee
Contact:  http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: Kevin Yamamura

BILL TO RECLASSIFY POT CRIME ADVANCES

Possession Of An Ounce Or Less Would Be An Infraction

Pot smokers would be comparable to speeding drivers in the eyes of the law 
under a proposal that cleared a state Senate committee Thursday.

The legislation, SB 791, would reclassify the lowest marijuana offense -- 
possessing an ounce or less -- from a misdemeanor to an infraction, the 
same level as an average traffic violation. The bill passed the Senate 
Public Safety Committee on a 4-0 vote and is headed for the Senate floor.

Proponents said the change more appropriately aligns the offense and its 
penalty. Since the Moscone Act decriminalized small-time drug offenses in 
1975, those caught with an ounce or less of pot have been subject to a $100 
fine and no jail time.

Though the penalty is more in line with an infraction, the marijuana 
offense has been ruled a misdemeanor, said Sen. Bruce McPherson, R-Santa 
Cruz, author of the bill.

As a result, defendants are eligible for a public defender and jury trial. 
Such cases, lasting two to three days, needlessly cost the state several 
thousands of dollars, said Quentin Kopp, a former state senator and San 
Mateo County Superior Court judge who proposed the legislation.

McPherson's bill would not change the existing penalty, but only the 
classification -- ending the jury trial option and potentially saving the 
state money. Prosecutors would have discretion over determining whether a 
second offense is a misdemeanor or infraction.

Additionally, minor marijuana offenders would no longer be considered 
criminals in name, said Dale Gieringer, state coordinator for the 
California chapter of the National Organization for the Reform of Marijuana 
Laws, which supports the bill.

The proposal also has backing from nearly a dozen law enforcement 
organizations, which argue that time and resources are wasted on small drug 
offenses. Gov. Gray Davis has no position on the bill, a spokesman said.

But the California Narcotic Officers' Association fears that drug treatment 
authorized by last year's Proposition 36 is less likely in infraction cases.

And Art Croney, who represents the Committee on Moral Concerns, said the 
reclassification "leads young people down the wrong road" by sending a 
relaxed message about marijuana.

But Kopp said the real decriminalization occurred in 1975.

"We changed it 26 years ago, that's when it was changed," he said. "All 
this does, in my opinion, is save taxpayers a substantial amount of money."
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