Ca S.B. 1449

AMENDED IN SENATE APRIL 5, 2010
SENATE BILL No. 1449
Introduced by Senator Leno
February 19, 2010
An act to amend Section 11357 of the Health and Safety Code, and
to amend Section 23222 of the Vehicle Code, relating to controlled
substances.
legislative counsel’s digest

SB 1449, as amended, Leno. Marijuana: possession.
Existing law provides that, except as authorized by law, every person
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, is guilty of a misdemeanor and shall be punished
by a fine of not more than $100. This same penalty is imposed for the
crime of possessing not more than 28.5 grams of marijuana while
driving on a highway or on lands, as specified. Existing law provides
for this offense with respect to these offenses that under specified
conditions (1) the court shall divert and refer the defendant for education,
treatment, or rehabilitation, as specified, and (2) an arrested person who
gives satisfactory evidence of identity and a written promise to appear
in court shall not be subjected to booking.
This bill would instead provide that, except as authorized by law,
every person who possesses not more than 28.5 grams of marijuana,
other than concentrated cannabis, any person who commits any of the
above offenses is instead guilty of an infraction punishable by a fine of
not more than $250 $100. This bill would eliminate the above-described
provisions relating to booking and to diversion and referral for
education, treatment, or rehabilitation. By changing the penalties for
an existing crime, this bill would impose a state-mandated local program.
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SB 1449 —2—
The California Constitution requires the state to reimburse local

agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes no.
State-mandated local program: yes no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11357 of the Health and Safety Code is

2 amended to read:
3 11357. (a) Except as authorized by law, every person who
4 possesses any concentrated cannabis shall be punished by
5 imprisonment in the county jail for a period of not more than one
6 year or by a fine of not more than five hundred dollars ($500), or
7 by both such fine and imprisonment, or shall be punished by
8 imprisonment in the state prison.
9 (b) Except as authorized by law, every person who possesses
10 not more than 28.5 grams of marijuana, other than concentrated
11 cannabis, is guilty of an infraction punishable by a fine of not more
12 than two hundred fifty dollars ($250) one hundred dollars ($100).
13 (c) Except as authorized by law, every person who possesses
14 more than 28.5 grams of marijuana, other than concentrated
15 cannabis, shall be punished by imprisonment in the county jail for
16 a period of not more than six months or by a fine of not more than
17 five hundred dollars ($500), or by both such fine and imprisonment.
18 (d) Except as authorized by law, every person 18 years of age
19 or over who possesses not more than 28.5 grams of marijuana,
20 other than concentrated cannabis, upon the grounds of, or within,
21 any school providing instruction in kindergarten or any of grades
22 1 through 12 during hours the school is open for classes or
23 school-related programs is guilty of a misdemeanor and shall be
24 punished by a fine of not more than five hundred dollars ($500),
25 or by imprisonment in the county jail for a period of not more than
26 10 days, or both.
27 (e) Except as authorized by law, every person under the age of
28 18 who possesses not more than 28.5 grams of marijuana, other
29 than concentrated cannabis, upon the grounds of, or within, any
30 school providing instruction in kindergarten or any of grades 1
98
—3— SB 1449
1 through 12 during hours the school is open for classes or

2 school-related programs is guilty of a misdemeanor and shall be
3 subject to the following dispositions:
4 (1) A fine of not more than two hundred fifty dollars ($250),
5 upon a finding that a first offense has been committed.
6 (2) A fine of not more than five hundred dollars ($500), or
7 commitment to a juvenile hall, ranch, camp, forestry camp, or
8 secure juvenile home for a period of not more than 10 days, or
9 both, upon a finding that a second or subsequent offense has been
10 committed.
11 SEC. 2. Section 23222 of the Vehicle Code is amended to read:
12 23222. (a) No person shall have in his or her possession on
13 his or her person, while driving a motor vehicle upon a highway
14 or on lands, as described in subdivision (b) of Section 23220, any
15 bottle, can, or other receptacle, containing any alcoholic beverage
16 which has been opened, or a seal broken, or the contents of which
17 have been partially removed.
18 (b) Except as authorized by law, every person who possesses,
19 while driving a motor vehicle upon a highway or on lands, as
20 described in subdivision (b) of Section 23220, not more than one
21 avoirdupois ounce of marijuana, other than concentrated cannabis
22 as defined by Section 11006.5 of the Health and Safety Code, is
23 guilty of a misdemeanor and shall bepunished an infraction
24 punishable by a fine of not more than one hundred dollars ($100).
25 Notwithstanding any other provision of law, if the person has been
26 previously convicted three or more times of an offense described
27 in this subdivision during the two-year period immediately
28 preceding the date of commission of the violation to be charged,
29 the previous convictions shall also be charged in the accusatory
30 pleading and, if found to be true by the jury upon a jury trial or by
31 the court upon a court trial or if admitted by the person, Sections
32 1000.1 and 1000.2 of the Penal Code are applicable to the person,
33 and the court shall divert and refer the person for education,
34 treatment, or rehabilitation, without a court hearing or
35 determination or the concurrence of the district attorney, to an
36 appropriate community program which will accept the person. If
37 the person is so diverted and referred, the person is not subject to
38 the fine specified in this subdivision. In any case in which a person
39 is arrested for a violation of this subdivision and does not demand
40 to be taken before a magistrate, the person shall be released by the
98
SB 1449 —4—
1 arresting officer upon presentation of satisfactory evidence of

2 identity and giving his or her written promise to appear in court,
3 as provided in Section 40500, and shall not be subjected to
4 booking.
5 SEC. 2. No reimbursement is required by this act pursuant to
6 Section 6 of Article XIIIB of the California Constitution because
7 the only costs that may be incurred by a local agency or school
8 district will be incurred because this act creates a new crime or
9 infraction, eliminates a crime or infraction, or changes the penalty
10 for a crime or infraction, within the meaning of Section 17556 of
11 the Government Code, or changes the definition of a crime within
12 the meaning of Section 6 of Article XIII B of the California
13 Constitution.
98

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AMENDED IN SENATE APRIL 5, 2010

SENATE BILL No. 1449

Introduced by Senator Leno

February 19, 2010

legislative counsel’s digest

The California Constitution requires the state to reimburse local

The people of the State of California do enact as follows:

1 SECTION 1. Section 11357 of the Health and Safety Code is

1 through 12 during hours the school is open for classes or

1 arresting officer upon presentation of satisfactory evidence of

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