Today's Law As Amended


Add To My Favorites | print page

SB-1449 Marijuana: possession.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 11357 of the Health and Safety Code is amended to read:

11357.
 (a) Except as authorized by law, possession  every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period  of not more than 28.5 grams of cannabis, or  one year or by a fine of  not more than eight grams of concentrated cannabis, or both,  five hundred dollars ($500), or by both such fine and imprisonment, or  shall be punished or adjudicated as follows: by imprisonment in the state prison. 
(1) Persons under 18 years of age are guilty of an infraction and shall be required to:
(A) Upon a finding that a first offense has been committed, complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days.
(B) Upon a finding that a second offense or subsequent offense has been committed, complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days.
(2) (b)  Persons at least 18 years of age but less than 21 years of age are  Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is  guilty of an infraction and  punishable by a fine of not more than one hundred dollars ($100).
(b) Except as authorized by law, possession of more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, shall be punished as follows:
(1) Persons under 18 years of age who possess more than 28.5 grams of cannabis or more than eight grams of concentrated cannabis, or both, are guilty of an infraction and shall be required to:
(A) Upon a finding that a first offense has been committed, complete eight hours of drug education or counseling and up to 40 hours of community service over a period not to exceed 90 days.
(B) Upon a finding that a second or subsequent offense has been committed, complete 10 hours of drug education or counseling and up to 60 hours of community service over a period not to exceed 120 days.
(2) (c)  Persons 18 years of age or older who possess Except as authorized by law, every person who possesses  more than 28.5 grams of cannabis, or more than eight grams of concentrated cannabis, or both,  marijuana, other than concentrated cannabis,  shall be punished by imprisonment in a the  county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that such  fine and imprisonment.
(c) (d)  Except as authorized by law, a every  person 18 years of age or older over  who possesses not more than 28.5 grams of cannabis, or not more than eight grams of  marijuana, other than  concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive,  through 12  during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished as follows: by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both. 
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
(d) (e)  Except as authorized by law, a every  person under 18 years the age  of age 18  who possesses not more than 28.5 grams of cannabis, or not more than eight grams of  marijuana, other than  concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 to 12, inclusive,  through 12  during hours the school is open for classes or school-related programs is guilty of an infraction a misdemeanor  and shall be punished in the same manner provided in paragraph (1) of subdivision (b). subject to the following dispositions: 
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

SEC. 2.

 Section 23222 of the Vehicle Code is amended to read:

23222.
 (a) A No  person shall not  have in their  his or her  possession on their  his or her  person, while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) (b)  of Section 23220, a any  bottle, can, or other receptacle, containing an any  alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed.
(b) (1)  Except as authorized by law, a person who has in their possession on their person,  every person who possesses,  while driving a motor vehicle upon a highway or on lands, as described in subdivision (c) (b)  of Section 23220, a receptacle containing cannabis or cannabis products,  not more than one avoirdupois ounce of marijuana, other than concentrated cannabis  as defined by Section 11018.1 11006.5  of the Health and Safety Code, which has been opened or has a seal broken, or loose cannabis flower not in a container,  is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100).
(2) Paragraph (1) does not apply to a person who has a receptacle containing cannabis or cannabis products that has been opened, has a seal broken, or the contents of which have been partially removed, or to a person who has a loose cannabis flower not in a container, if the receptacle or loose cannabis flower not in a container is in the trunk of the vehicle.
(c) Subdivision (b) does not apply to a qualified patient or person with an identification card, as defined in Section 11362.7 of the Health and Safety Code, if both of the following apply:
(1) The person is carrying a current identification card or a physician’s recommendation.
(2) The cannabis or cannabis product is contained in a container or receptacle that is either sealed, resealed, or closed.