RETOOL THE POT LAW

If you're convicted of possessing less than an ounce of marijuana, you will
be punished with a $100 fine. But it will have cost the county at least
$4,500 in court fees to obtain the guilty verdict. This system is
definitely askew.

Adjudicating marijuana offenses has become the bane of a judicial system
that is routinely overrun with criminal cases that are more heinous and
warrant far more attention.

Minor marijuana possession is a misdemeanor. Ordinarily, a misdemeanor is
punishable by a $1,000 fine or six months in jail, but for small-time
marijuana possession, the law stipulates no jail time and just a $100 fine
- -- the same penalty meted out for infractions.

Nevertheless, a defendant accused of a misdemeanor -- even less than an
ounce of marijuana -- has a right to a trial by either a judge or jury, and
the county is obliged to provide the accused with a court-appointed
attorney. The money adds up quickly.

A simple possession jury trial usually lasts two to three days at a cost of
$4,500 per day, according to the Judicial Council.

So, for a second time, there's a move in Sacramento -- SB131 by Sen. Byron
Sher, D-Palo Alto -- to make possession of less than an ounce of marijuana
an infraction, in line with the punishment. An identical measure fizzled
last year.

The bill, inspired by former San Francisco state Sen. Quentin Kopp, now a
San Mateo County Superior Court judge, could result in fewer trials and
could save at least $80 million by reducing prison sentences.

With the state struggling to make ends meet, there should be no opposition
to this. Indeed, the sobering $30 billion budget deficit is reason enough
to jump at the cost savings.