New Calif. Law Reduces Charge for Possession of Marijuana

Calif. governor Arnold Schwarzenegger signed into law a bill that changes the charge for possession of less than an ounce of marijuana from a misdemeanor into a civil infraction, CBSNews.com reported Oct. 1.

Under the new law, which takes effect January 1, 2011, the penalty for possession of marijuana remains the same as before: a fine of up to $100, with no probation or jail time. However, offenders will no longer have the right to a jury trial or a defense attorney. 

“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,” Schwarzenegger said. 

In a signing statement, Schwarzenegger reiterated his opposition to Proposition 19, a ballot measure that would legalize marijuana growing, possession, and distribution in California. Under the measure, marijuana would be taxed and regulated by the state.

Schwarzenegger described Prop. 19 as ” a deeply flawed measure that, if passed, will adversely impact California's businesses without bringing in the tax revenues to the state promised by its proponents.”

Government officials have estimated that legalizing and taxing marijuana would bring in up to $1.4 billion in state revenues, but it is not clear if their analysis applies to Prop. 19, which allows for local governments to regulate marijuana locally. The California Legislative Analysts' Office has concluded (PDF) that Prop. 19 would result in “hundreds of millions of dollars” in annual revenues.

According to a recent poll by the Public Policy Institute of California, Prop. 19 is supported by 52 percent of voters.