cannabisnews.com: Bill Lessens Penalty for Smoking Marijuana Bill Lessens Penalty for Smoking Marijuana Posted by FoM on May 08, 2001 at 20:44:42 PT Kevin Yamamura, Scripps-McClatchy Western Servie Source: News-Sentinel Pot smokers would be comparable to speeding drivers in the eyes of the law under a proposal that cleared a state Senate committee on 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 thousands of dollars. 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, who 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 saves taxpayers a substantial amount of money."Contact Kevin Yamamura of the Sacramento Bee in California at: http://www.sacbee.comSource: Knoxville News-Sentinel (TN) Author: Kevin Yamamura, Scripps-McClatchy Western ServicePublished: May 08, 2001Copyright: 2001 The Knoxville News-Sentinel Co. Contact: letters knews.com Website: http://www.knoxnews.com/ CannabisNews - Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml Home Comment Email Register Recent Comments Help Comment #11 posted by Dan B on May 09, 2001 at 11:47:07 PT: (Taking a Bow) Thanks, everyone. It feels really good to finally be finished, although the "doctor" thing is going to take some getting used to. Around here, I think I'll stick to Dan B (sans "Dr.").I really appreciate all of the congratulations. I hesitated to mention the accomplishment, but I thought many of you would rather know than not know. And, how else would you find out, right?And I really do congratulate California (per the above article). It's good to see that at least one state continues to progress toward sanity.Dan B [ Post Comment ] Comment #10 posted by observer on May 09, 2001 at 08:51:27 PT Way to Go Doctor Dan! Congratulations Dan! I know that was a lot of hard work! [ Post Comment ] Comment #9 posted by FoM on May 09, 2001 at 07:58:23 PT Woo Woo Dr. Dan B Ph.D Way To Go!!!! [ Post Comment ] Comment #8 posted by arcturus on May 09, 2001 at 07:50:30 PT Congrats Dr. B.! As we say over here in Osaka, Japan: Omedeto Gozaimasu!-arcturus [ Post Comment ] Comment #7 posted by freedom fighter on May 09, 2001 at 06:11:40 PT Congrad! Dr. Dan B Glad you made it.. you deserved a pat on your back..\/ [ Post Comment ] Comment #6 posted by kaptinemo on May 09, 2001 at 04:14:28 PT: "Paging Dr. Dan! Dr. Dan!" It does have a nice ring. And well-deserved, too. Outstanding, Doc! [ Post Comment ] Comment #5 posted by dddd on May 09, 2001 at 01:22:05 PT Well deserved Congratulations Dr Dan B.You deserve to be proud...Best wishes.May JAH continue to shine on you always.dddd [ Post Comment ] Comment #4 posted by Imprint on May 08, 2001 at 23:57:44 PT: Congratulations! I think “Dr. Dan B” has a nice ring to it. I was wondering why your postings were always so insightful. Hey, I’m running with a pretty smart crowd. [ Post Comment ] Comment #3 posted by Imprint on May 08, 2001 at 23:49:24 PT: Money makes it all go-around. With Prop. 36 passed the reality of money is coming to light. I think the state is now wondering how to pay for all that drug treatment and testing. I would think this change would save in two ways. First, elimination of a bunch of court costs. Second, fewer people placed in the drug diversion path. They will have to think of creative ways to lessen expenditures of tax dollars to implement Prop. 36. This is a good start. Next, I would like to see a cutback in expenditures on the police force. I’m probably dreaming though. Those morons will find a way to increase funding for the police force. Which means more SWAT want-a-be’s are on the way. [ Post Comment ] Comment #2 posted by Dan B on May 08, 2001 at 22:23:03 PT: Good for you, California! I am much pleased that California continues to provide these bits of sanity to the rest of the country (Prop 215, Prop 36, now the outright decriminalization of marijuana--hey, I'd take a fine and no criminal record over the Texas penalties any day). In other news, a new Ph.D has been added to our midst--me! I successfully defended my doctoral dissertation today, so I am now officially "Dr. Dan B." Just thought I'd publicly congratulate myself; I hope nobody minds!Dan B [ Post Comment ] Comment #1 posted by Mr. Sarcasm on May 08, 2001 at 21:38:14 PT Huh? Oh my god! This outrageous outbreak of sanity from the State Senate cannot be tolerated! It's ok, I suppose. Our courageous National Legislature will likely find ways to reverse or counter this bill, in the form of threatening to hold or take away federal funds for CA state projects. Good thing we have good, god-fearing drug-warriors that are willing to do whatever it takes to keep that demon weed marihuana out of the hands of "criminals" like me. [ Post Comment ] Post Comment Name: Optional Password: E-Mail: Subject: Comment: [Please refrain from using profanity in your message] Link URL: Link Title: