SENATE PANEL OKS LESSER CHARGE FOR POSSESSION OF LESS THAN OUNCE

Sacramento -- Possessing less than an ounce of marijuana would become an
infraction instead of a misdemeanor under a bill approved by a Senate
committee yesterday.

The bill was suggested by former San Francisco Sen. Quentin Kopp, who is
now a San Mateo County Superior Court Judge.

"The point of the bill from my standpoint is administration of justice. The
way the law is written now, it does not enhance the administration of
justice, " Kopp told the Senate Public Safety Committee.

Sponsored by GOP Sen. Bruce McPherson of Santa Cruz, the bill is aimed at
reducing court time by reclassifying possession.

Most misdemeanors carry maximum fines of six months in jail or a $1,000
fine. Marijuana possession, however, carries only a $100 fine.

But if someone is charged with a misdemeanor, he or she is entitled to a
lawyer and a trial by either judge or jury. Those trials can last two or
three days.

Kopp argued that there is no incentive for someone accused of possession
not to take the case to trial -- and waste court time and money -- when the
worst exposure is a $100 fine.

The Judicial Council, which backs the measure, estimates that simple
possession jury trials cost $4,500 per day.

Unlike misdemeanors, infractions do not become part of a person's permanent
criminal record. But from a practical standpoint, many law enforcement
jurisdictions do not record misdemeanor marijuana possessions because of
the small fine.

There were opponents to the bill.

The California Narcotics Officers Association argued that if marijuana
possession were reduced to an infraction it would make people ineligible
for treatment under Proposition 36, the drug rehabilitation measure
approved in November 2000.

It's unclear whether that is true. The initiative prescribes treatment for
anyone convicted of a "nonviolent drug offense," which some argue would
include infractions.

In an attempt to avoid the possibility that an infraction would preclude
treatment, McPherson changed the bill so that a judge or prosecutor could
treat a second possession offense as a misdemeanor.

Art Croney of the Committee on Moral Concerns opposed the measure, but said
the bill would not "have a significant impact one way or the other."

But, Croney added, the bill is "another message marijuana is almost OK."

Snapped Sen. John Vasconcellos, D-Santa Clara: "It's far less dangerous
than alcohol, which kills millions." Not legalizing marijuana, Vasconcellos
said, "is the stupidest thing in law in the United States."

Possession of less than an ounce of marijuana was essentially
decriminalized in 1975 by a bill by the late Sen. George Moscone.

Until then, possession -- of any amount of marijuana -- was a felony.
Moscone's bill made it a misdemeanor with a $100 fine.

The bill must still win approval of the full Senate, the Assembly and a
signature by Gov. Gray Davis to become law.