BILL TO RECLASSIFY POT CRIME ADVANCES

Possession Of An Ounce Or Less Would Be An Infraction

Pot smokers would be comparable to speeding drivers in the eyes of the law
under a proposal that cleared a state Senate committee 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 money. 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, which 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 save taxpayers a substantial amount of money."