Wow it looks like California’s Governor Arnold Schwarzenegger, is starting to revert back to his old self again. On September 30, 2010 Arnie signed California State Senate Bill 1449.
This bill will change the crime of ownership of less than an ounce of marijuana from a misdemeanor punishable by a $100 fine, to an infraction punishable by a $100 fine. Within the framework of the existing law, jail time cannot be imposed… probation cannot be ordered and the base fine cannot exceed $100 for someone convicted of possession of marijuana.
Even though the Govenator is opposed to Proposition 19, he signed the measure because possession of less than an ounce of marijuana is an infraction in everything but name. The only difference is that because it is a misdemeanor, a criminal defendant is entitled to a jury trial and a defense attorney, which as we all know cost the state of Ca. millions of dollars a year.
It would seem that California has come to the realization that 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. As noted by the Judicial Council in its support of this measure, “the appointment of counsel and the availability of a jury trial should be reserved for defendants who are facing loss of life, liberty, or property greater than $100.”
Makes perfect sense to me…
