Simple Possession of Marijuana Decriminalized in California
As of January 1, 2011, possession of a small amount of personal marijuana will no longer be considered a misdemeanor offense, this according to a bill signed by Governor Schwarzenegger this week. While the penalties won’t change and the offense will still carry a $100 fine, this means being caught with less than one ounce of marijuana will be akin to a traffic violation punishable by a ticket.
Many states across the country have long since decriminalized possession of a small amount of marijuana. Instead of being brought before the judge and entitled to a jury trial, you are given an infraction ticket and ordered to pay a fine.
While Proposition 19, to be voted on in November, would legalize the possession, this is quite different. If Proposition 19 doesn’t pass in November, possession of marijuana (less than an ounce) will remain punishable by a fine come January 1.
Critics warn that this decriminalization sends the “wrong message” to kids, according to CBS News. But, advocates including the Governor say changing the offense to an infraction will save the state millions in court costs amid budget cuts.
Of course, if marijuana is effectively legalized and Proposition 19 is passed, this decriminalization will mean nothing. The Governor is vehemently opposed to Prop. 19 despite his decriminalization bill.
According to the latest survey, the majority of Californians support legalization with 52% planning on voting for Proposition 19. However, this number seems to change on a daily basis and there are several weeks left before they go to the polls.
The bottomline is this decriminalization bill is a step in the right direction, diverting attention to criminal matters worth spending money and time on. The full legalization of marijuana could generate over $1 billion per year for a cash strapped state, and this may be reason enough to consider it as well.
In the mean time, however, marijuana possession or distribution is a criminal offense. Until January, it is (at the very least) a misdemeanor offense and something you may have to go to court for. But the trend is good news, as California joins Massachusetts and other states in decriminalization small amounts of pot.
When you are facing any drug charges, even marijuana possession, a criminal defense attorney can help ensure you get the best possible results on your day in court. If you’re facing charges like these, contact us today for a consultation on your case.
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