STATE DOWNGRADES POT POSSESSION TO INFRACTION

Sacramento -- 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 - enough for about 30 joints - from a
misdemeanor to an infraction. Already, marijuana possession was the
only misdemeanor under California law that didn't allow for jail time.

Changing Perceptions

But the measure by state Sen. Mark Leno, D-San Francisco, eliminates
the need for police to book people caught with marijuana and for
courts to hold jury trials on the matter. Those caught with the drug
would not get a conviction on their criminal record.

Schwarzenegger, facing a $19 billion state budget deficit, also
signed another bill this week intended to save the state money by
keeping more people out of state prison. That measure raised the
threshold for grand theft from $400 to $950.

The penalty for possessing less than an ounce of marijuana was
already limited to a $100 fine and potential, court-mandated
treatment. But the law's passage appears to reflect a gradual shift
in the way Californians view marijuana and the drug's treatment under the law.

If voters approve Prop. 19 next month, it will be legal for adults
older than 21 to possess and use the drug. Even if the ballot measure
fails, the approval of SB1449 indicates a slight thawing in
long-standing opposition to legalizing the drug, and recent polls
have shown growing support for Prop. 19 over just a few months.

While many politicians and law enforcement officials still rail
against marijuana publicly, Leno noted that Superior Court judges
suggested SB1449 and that it was backed by prosecutors and the state
court system.

"There is a significant shift occurring," said Leno, who has served
in the state Legislature since 2002. "This bill has been brought to
the Legislature at least four times since I've been there ... and the
great success this year was because we not only had the defense bar
in support but also the California District Attorneys Association and
the Judicial Council. Everyone was of the same mind: This should be
changed. ... The ball has moved down the field."

The chief executive officer of the district attorneys group, however,
stressed that marijuana remains unlawful under SB1449.

"We've always supported (this measure) because it has an impact on
district attorneys, who have to waste valuable resources sending
people to court for a misdemeanor. For a $100 fine, it's just not
worth it - it is a waste of prosecutors' time," Scott Thorpe said.

The bill was opposed by several police officers associations and
passed both houses on largely party-line votes.

Prop. 19 Foes Split

Prop. 19 opponents had mixed reactions.

Tim Rosales, the campaign manager for No on Proposition 19, argued
that the new law "takes away the last reason anyone would have to
vote for Prop. 19," because it removes the argument by proponents
that the state's marijuana laws cost too much to enforce and prosecute.

Brook Lowe, treasurer of Citizens Against Legalizing Marijuana, which
is working against Prop. 19, worried about the new law's effect on children.

"It's really unfortunate," Lowe said. "It's going to allow kids,
especially, to keep smoking pot and take away a chance to help them."

Surprise at Signing

Oaksterdam University founder Richard Lee, who originated Prop. 19,
said he was mildly surprised that Schwarzenegger signed the Leno bill
but that it portends a larger trend. Supporters have also seized on
costs and potential tax revenues to push the legalization measure.

"I think it's one more small victory," Lee said. "It's one more thing
going our way that shows that what we're saying is right - it's a
waste of law enforcement time and resources to go after people for cannabis."