California Gov. Arnold Schwarzenegger Decriminalizes Cannabis

[RainDog]

San Francisco Gate

Citing the need to reduce spending on prosecution and courts, Gov. Arnold Schwarzenegger signed a measure that makes marijuana possession an infraction, on par with traffic and littering tickets.

The Republican governor's unexpected support for the measure comes one month before voters decide whether to legalize adult recreational use of marijuana in California.

"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," wrote Schwarzenegger, who opposes Proposition 19, the marijuana initiative.

The law, which takes effect immediately, reduces possession of up to an ounce of marijuana - about the amount that will fit in a sandwich-size bag - from a misdemeanor to an infraction. Already, marijuana possession was the only misdemeanor under California law that didn't allow for jail time.

Denver Examiner

The new law will not take effect until January 1, 2011, and it will still remain relevant even if Proposition 19 passes.

Prop 19 leaves misdemeanor possession penalties in place for public use and smoking in the presence of children; under SB 1449, these offenses are now simple infractions. Leaving dispensary owners opposed to Prop 19 with one less objection.

California NORML originally called for making petty possession an infraction when the state passed its original landmark decriminalization law in 1975, but the Legislature made it a minor misdemeanor punishable by a maximum $100 fine.

This marks the first time in 35 years that penalties for non-medical use of marijuana have been reduced in California.

[ZombieHorde]

1. Recommended. nt

[CaliforniaPeggy]

2. That is VERY good news!

[Duer 157099]

3. So which is it, "takes effect immediately" or "will not take effect until 1/1/11"?

And does this impact medical cannabis patients?

[RainDog]

6. good question. let me see if I can find out. n/t

[huskerlaw]

8. California's laws all take effect on 1/1 by default

So unless the bill specifically states that it is to take effect on another date, it's always Jan 1st of the following year. I scanned the text of the bill and didn't see anything of that sort, so I believe it's 1/1/11.

Here's the text, if anyone would like to give it more than a cursory glance: http://info.sen.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1449_bill_20100902_enrolled.html

[RainDog]

9. thanks!

I sent an email but that will take some time.

thanks so much for the link!

[Duer 157099]

10. To answer my own question about impact of 19 on 215

From my reading of the bill, each section begins with "Except as allowed by law..."

And this non-attorney takes that to mean "If you are Prop 215 legal, that law remains valid and is not superceded by this one."

[howaboutme]

4. I don't know the answer

to our tragic drug problem, but continuing to investigate, prosecute and incarcerate people for using marijuana and which is no worse than alcoholic beverages is absurd.

I do think that access should be limited to those over age of 21 and sold and taxed by the government and dedicate the proceeds to health and prevention of hard drugs.

[RainDog]

7. I think harm reduction is a better approach to drug use than criminalization

that goes for all drugs - alcohol, cigs, cannabis - and hard drugs. the goal, to me, is to help people overcome an addiction, not punish them for having a health issue.

There is evidence from Portugal and The Netherlands that indicates that such approaches help to keep drugs away from kids - and I fully support this. Kids need a chance to grow up, need to be able to learn - and honestly, any kid that I ever knew when I was one who started using drugs early in life had other big problems or family problems anyway - and those needed to be addressed as well.

I don't think it's tragic to use intoxicating substances. I think that's part of our experience of life as humans. Some people seek out intoxication through singing and praising god, some through meditation, some through running - some through using cannabis and some through a glass of beer. Some use chocolate cake. Some caffeine.

It's only a problem when it becomes the center of a person's life and they feel unable to function without indulging in their preferred intoxicant - or when it causes physical health problems that indicate someone should stop doing x o y.

In the case of cannabis, however, there are so, so many good reasons to allow this plant to become part of our national life again - medical R&D, hemp cultivation, manufacturing... I think the benefits far outweigh the risks.

And with legalization and regulation it will be far, far easier to keep cannabis away from kids and move it into the realm of intoxicants like wine or beer, where it, imo, rightfully belongs. esp. beer, since it's from the same plant family.

[RKP5637]

5. Recommended!!! n/t

[Name removed]

11. Deleted message

Message removed by moderator. Click here to review the message board rules.