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News (Media Awareness Project) - US CA: New Law Cuts Marijuana Penalty
Title:US CA: New Law Cuts Marijuana Penalty
Published On:2011-01-06
Source:Napa Valley Register (CA)
Fetched On:2011-03-09 17:29:23
NEW LAW CUTS MARIJUANA PENALTY

Possession of a small amount of marijuana may still not be legal
without a medical marijuana card, but a new state law makes the
offense no more serious than a traffic ticket.

Until this month, someone with an ounce or less of marijuana could be
cited for a misdemeanor. Under the new law, which took effect Jan. 1,
citations are an infraction, similar to a traffic ticket. The penalty
remains the same -- $100.

Both Napa County Sheriff's Capt. Tracey Stuart and Napa Police Capt.
Steve Potter said they do not expect the new law to alter law
enforcement operates.

For years, someone with a small amount of marijuana who does not have
permission to use the drug was cited and released, Potter said. In
2010, Napa Police issued 79 citations for marijuana possession, he said.

On his website, the law's sponsor, State Sen. Mark Leno, D-San
Francisco, called the reclassification "common sense."

The penalty for possession of less than an ounce of marijuana is a
$100 fine with no jail time, according to a fact sheet provided by
Leno's office. Treating marijuana as an infraction keeps low-level
offenders out of court.

Napa County Chief Deputy Public Defender Ronald Abernethy does not
expect a discernible change in his office's caseload. The public
defender represents very few people who are charged only with
possession of less than an ounce of marijuana, he said.

The new law allows people caught with small amounts of marijuana to
avoid the stigma of suffering a misdemeanor criminal conviction,
Abernethy said in an e-mail.

"Other than that (and the fact you can't be placed on probation now
that it is an infraction) there really isn't much of a change under
the new law.

"Whether the change from a misdemeanor with a $100 fine to an
infraction with a $100 fine will limit the right of police to search
a person possessing small amounts of marijuana without a warrant
remains to be determined by the courts," Abernethy said.

The new marijuana law was one among 700-plus state laws that took
effect Jan. 1.

Under two new laws, California will create an Internet-based
insurance exchange to let consumers comparison-shop for affordable
health insurance coverage.

Gov. Arnold Schwarzenegger signed bills in September making
California the first state to authorize an oversight board for an
insurance exchange marketplace since the federal health care overhaul
was enacted earlier this year.

The Republican governor and Democratic legislative leaders said the
companion bills will drive down costs and give consumers more options
by promoting competition between health insurance companies.

Republican lawmakers countered that the measures create an expensive
new health care bureaucracy even before the federal health care law
takes full effect in 2014.

Supporters said the five-member board overseeing the California
Health Benefit Exchange will need those three years to hire staff,
set up the program, select health plans to participate and enroll
Californians needing health insurance.

Effective Jan. 1, any parent, guardian or adult who provides alcohol
to someone under the age of 21 may be liable in the event of injuries or death.

The bill was inspired by the December 2008 death of a 17-year-old
teen in Shasta County who died from alcohol poisoning at a party.

In another new law, motorcycle riders younger than 21 years are
required to complete a safety course administered by the California
Highway Patrol.

The Associated Press contributed to this story.
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