On Monday, members of the California Assembly approved Senate Bill 1449, which reduces adult marijuana possession offenses in California from a criminal misdemeanor to an infraction, by a vote of 43 to 33.
The vote split largely along party lines, with Democrats voting 40 to 8 in favor of more lenient penalties and Republicans voting 2 to 23 against. Senate lawmakers had previously approved the measure in June by a vote of 21 to 13.
The marijuana infraction bill now goes to the Governor’s desk for his approval.
Under present law, minor marijuana possession for non-medical purposes is classified as a criminal misdemeanor. While the offense is not punishable by jail time, defendants charged under the law must appear in court, pay court costs, and attend a court-ordered diversion program. Offenders who refuse to attend the program may retain a criminal record for up to two years.
Senate Bill 1449 amends the California Health and Safety Code so that the adult possession of up to 28.5 grams of marijuana is classified as a noncriminal infraction, punishable by no more than a $100 fine — no court appearance, no court costs, and no criminal record.
Passage of bill would save the state millions of dollars in court costs by keeping minor pot offenders out of court. The number of misdemeanor pot arrests has surged in recent years, reaching 61,388 in 2008, the highest level since the state partially decriminalized pot possession in 1976.
Adults who consume marijuana responsibly are not part of the crime problem, and the state should stop treating them like criminals
Governor Schwarzenegger, a Republican, has vetoed several different marijuana law reform bills in the past. Therefore, if you live in California, it is vital that you please e-mail or call Gov. Arnold Schwarzenegger and urge him to sign SB 1449 into law. For your convenience, a pre-written letter will be e-mailed to the Governor when you visit NORML’s ‘Take Action’ Center here.
Even before they fully legalize it this year, California takes more steps to protect users. If I didn’t live on the completely opposite side of the USA, I would already be looking for a place to live over there.
Does California’s governor have the money to continue rampant enforcement of Marijuana laws? Maybe he should think about how bad his state is economically and how his legacy would be improved if he did the right thing by his citizens.
Gov. Schwarzenegger: I am not a California resident (I live in Staten Island, New York) but I am a committed activist for marijuana legalization, and everyone is watching California for its resolution of this issue. Hopefully you will be part of this change which I firmly believe is in the best interest of the entire country. Thank you for your consideration in this matter.
Maureen P. Murphy
I wish I lived in California so my letter would be taken seriously… I think I’ll write anyways!
Arnold should sign he used to smoke it watch pumping iron. Jesus, the hypocrisy is overwhelming…if its not americans telling canada we cannot legalize it is people in power in america, who likely smoke it, stopping the end to prohibition. Its funny though, when canada decriminalized marijuana the good ol USA CRUSHED it through media and political blackballing…but….ah yes…its all making sense now. America needs the money more than we do….maybe a stoned canada is a threat to american sovereignty? nah, just the economy…which the gov has already screwed beyond comprehension.
Bottom Line tho – Prohibition doesnt work and is far too expensive to make any logical sense.
It’s a step in the right position but still leaves Marijuana as an infraction . Beer & other alcoholic beverages , tobacco which kill thousands of people is not illegal & you are not fined .
Ever been to , Russia ? Well , as soon as you reach the outskirts of town on nearly every Highway are sign after sign , billboard after billboard advertising Vodka or some other deadly beverage . These signs are spaced 20 feet apart & all over the place . These poor Russians are killing themselves & others with liquor . It’s a sad state over there .
Could someone please look into ; ” Maplight ” & see who his major contributers were when he ran for Governor & how much he’s recieved from the Drug Companies , tobacco & liquor ?
I’ll bet you it was a considerable amount of money he recieved !
it’s time our governments put their regulations where their mouths are. If casual users are not being arrested anyway, then this law will make no difference except put it in the books and protect people from unfair punishment due to race and economic background.
Tell Schwarzenegger, ‘its not a real drug, its just a leaf”.
5 to 10 times the amount of alcohol to get a buzz will kill someone… yet it takes 40,000 times the amount of marijuana to get someone high for anyone to overdose Marijuana is Safer !Just Say Now!
how many days does he have to decide whether to sign it?
[Paul Armentano: 30 days once it reaches the Governor’s desk.]
How long does the governor have to sign or veto the bill? Can the bill pass into law without his signature?
[Paul Armentano responds: 30 days; yes.]
Wow thats funny…the crap state of Cali gets all this attention…united states my ass…we all deserve what cali has now….ahhh now!
dats what i’m talking bout
Just curious, has anyone ever threatened you (Paul Armentano) for speaking out against prohibition? Such as the cartels, gangs, etc? You are very courageous leader.
How many times do i have to tell you that ” D.A.T.” with tobacco falling a distant third combined with Corporate GIANTS are running this Country before you finally get it ? They run this Country with their trillions of dollars to political leaders such as , Mr. Schwarzenner . I’ve shown this numerous times to you . Well , again I’ll show you the facts and why politicians
are persuaded & it’s called money .
http://www.arnoldwatch.org/special_interests/index.html
…………so , now you say after looking at this
chart ,
” but why agriculture / Farming ? – With legalization of Marijuana the cotton industry is adversely
effected . Hemp can easily be used to make clothes & could easily substitute cotton w/ Marijuana . Yes , Cali. produces lots of cotton & it comes out of the
” Central Valley ” .
….but , but ,but why oil ? – You can produce oil from hemp , that’s why & that’s also why you can end up in jail just for a seed in the ” Oil State ” .
Ok , then what about Pharma & health care ? Who knows how many billions of dollars these Companies will lose if Marijuana is legalized .
If your still not ” getting it ” read what Arnold says himself in the box . It says something about ” you owe them something ” .
Yes , Meg Whitman makes lots of money off of Marijuana being illegal . I can’t explain this to you . I’m tired of telling you the Facts . You’ll just have to figure it out yourself . If she’s elected Cali. is doomed , prohibition , genocide & this Countries arrogant policies toward legalization will continue .
CA SB 1449 should make perfect sense to anyone who believes that drug law and drug policy should focus on harm reduction. And no drugs currently proscribed by law is less harmful than cannabis, excepting its illegality.
In fact, cannabis is less harmful than formerly prohibited alcohol, or for that matter any number of Over The Counter medications, like aspirin. No deaths or injuries have ever been attributed to cannabis use, save for panic (anxiety) attacks. Who wouldn’t at times suffer from a panic attack, considering this harmless plant could get you arrested?
Which brings me to this point. Who better than CA Governor Arnold Schwarzenneger to count upon to sign into law CA SB 1449, the man who publicly stated that ” … marijuana is not a drug. It’s a plant.”? So Governor, please put your signature on this bill, like how you previously vocalized your sentiment in favor of this harmless plant. It’s all about harm reduction. Thanks in advance.
Arnold must have the same mentality as he has had in his TERMINATOR MOVIES but now on a political level, terminating bills. He does not want the people in California prison system to STAY HUNGRY for more UNICORNS.
I believe the job of a governor is to consider two things when making a decision: 1. What is best for his or her state and 2. What his or her state citizens want him to do.
The bill would prevent numerous people from obtaining criminal records, which is beneficial for jobs and therefore the state’s economy. And most Californians support marijuana law reform. If he wants to do what is best for the state, he will not veto this bill.
If I may add–I live in Ohio, where marijuana is already decriminalized. (While it is illegal, possession of 100 grams or less does not amount to a criminal offense.) And yet, California, not Ohio, has higher rates of marijuana usage. Arguing that reducing the penalties will result in higher marijuana usage simply isn’t supported by the facts.
Mr. Schwarzenneger should do the right thing and sign this bill. It’s not about democrat or republican or being soft/ hard on drugs. It’s about doing the right thing.
Mr. Schwarzenneger has used Cannabis in his past as we all know. Stop being a hypocrite. He knows it isn’t the dangerous gateway drug that the establishment paints it it out to be.
arnie likes weed.
don’t know what his current habits are but he certainly knows his way around a joint. and yes he did inhale.
That is really good news.
I hope the Governor signs this.
Its roughly 8 weeks to Prop 19.
A YES Vote will send-> the “voice” of 36 Million Voices across America.+
@23 just the facts mamm.
I’m neither in support or opposed to The Governator, but to win arguements with accusations you cant stoop to prohib tactics. What context was the quote in the box used? He made that quote 3 months before he was sworn in as Gov after the last Cali Governer was ejected.
Was that quote in reference to his own views? Was it in reference to his predissesors misdeeds? Was it in reference to a political opponent?
As per the chart his overwhelmingly biggest finnancial support was from realty and land developers, oil companies and pharma were around the 6-7 spot.
I dont know about you but when I check the facts and dig a little deeper then the link you provided, the facts that YOU present are not so clear and the so called “dambing statement” in the box is on face value shocking, but just like Fox News does, may be out of context.
Like I said, though, i am not in favor or dis-favor of the man, I have my own idiot (Patterson) to deal with in NY.
What I’m saying is, the prohibs are losing this battle because the bullshit they spew is being found out, dont belittle our cause with bullshit. You want to fight the good fight, you better be willing to back up all and any claims with FACT.
Any and all movement that increases compliance with God’s will for people to live in freedom with liberty as acknowledged and cited in the Constitution of the United States, is a good thing for all American patriots. Prohibitionists should be arrested and tried for their crimes against humanity. No doubt their defense will be that “it was the law” and “we were just following orders.” Please note this was the same defense used by other war criminals following World War II. After fair trials, they were hung to death.
YOu can still urge him to sign via the link above in the article, as it does not ask for an address, but rather an email address. No state identifiers are present.
Wishes I lived in california…I’d be hawkin’ Prop 19…and I firmly believe Arnie will sign in favor of CA SB 1449…however…I am watching intently what’s going on in california from new york which is decrim but not medical as yet…but if cali goes legal…ny isn’t gonna be far behind…this is gonna be the Big Vote for all of us come nov 2nd…GO CALIFORNIA!!!
Puff…Puff…
PS…have a bit of lemon skunk to celebrate!!!…
Actually, an infraction in California still is considered a crime. This bill DOES NOT DECRIMINALIZE mj possession. Some court costs would apply. This bill is basically worthless.
Vote Yes on Prop 19
[Paul Armentano responds: This bill quite literally meets the accepted definition of decriminalization. Marijuana is considered contraband, but not a criminal offense (similar to the decrim laws already in place in states like Oregon, Maine, Massachusetts, etc.). NORML agrees that decrim is only a partial solution and that legalization and regulation is the ultimate answer; hence our strong and vocal support for Prop. 19.]
“Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions.” (Cal. Pen. Code, section 17.)
“Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions . . . .” (Cal. Pen. Code, section 19.7.)
“The chief reason for classifying some prohibited acts as infractions is to facilitate their swift disposition.” (In re Dennis B. (1976) 18 Cal.3d 687, 695.) One charged with an infraction does not have a right to a jury trial or a public defender. (Cal. Pen. Code, section 19.6.)
Some states may classify infractions as civil violations. California is not one of them.
I say forget Arnie, he’s a hypocrite to begin with and you can still pass the bill without his signature. He doesn’t have the balls to admit that he smokes cannabis, like we all saw in Pumping Iron. I would like to see him have a change in heart and go ahead and sign the SB 1449 into law, I wouldn’t hold your breath for this one.
I have cancer and cannabis is the only thing that reduces my pain. Not to mention I have been informed by my doctor that various cannabinoids have been known to KILL CANCER.That’s right KILL CANCER. And not just one or two types, about 15-20 types of cancer and that is with brave Doctors risking their jobs to research cannabis. Stop letting people die from cancer!
Andrew, bless you.
Prohibition Nannies: how dare you place your arrogant moralism and purposeful ignorance above compassion for the ill and liberty for the responsible. Shame on you!
i really hope that it goes beyond an infraction, i am not from calif.i hope to see it outright legalized but i am afraid we will not see it the republicans will never let it happen the govt.and largely the 2 major political parties owe to many favors to the drug testing companies the pharmacies the prison industries and law enforcement they take our constitutional rights away yearly,they make us pee to work and now the drug testing industries are lobbeying congress to test us befor we can drive what happened to american rights. its all about who can pay
It’s possible that this bill is a subtle attempt to undermine the legalization vote in November.
Perhaps California is going for some voters that prefer legalization to harsh criminal penalties but prefer watered-down civil penalties to legalization.
[Editor’s note: Efforts to bring CA’s citations from criminal to civil started years ago by CA NORML and are not an effort to thwart the vote for Prop 19 this fall.]
i wrote him….DO IT NOW ARNOLD PROP 19 as well!!!!im in the army serving last tour in iraq shitty place shouldn’t be here
lived in cali for 11 yrs i recommend if anyone want to smoke the best weed move to cali(lived in tx,nv, north carolina, new yort doesnt ompare to cali weed) its the most liberal state for weed-i youst to just skateboard down the beach and smoke weed nobody gave fuck but keep it more it like a cigrattee though
Calis the best man cant wait to come home
Mr. Schwarzenneger, you had the courage to admit you smoked it, please have the courage to sign the Marijuana Infraction Measure, Support Prop. 19 and stop being a Girlie Man about Marijuana.
Governor Schwarzenegger, if you’re out there reading all of these (so you can hear what non-Californians are saying), I have spent my entire life watching your movies & supporting your cause. I was thrilled watching Demolition Man when John Spartan found out that there was a Schwarzenegger Library. I didn’t like all of the movies you starred in (Red Sonja) or all of your policies but I haven’t made the best decisions I could have made either. What I’m trying to say here is that with your state leading the way for ending marijuana prohibition you will very likely have every marijuana user’s support in changing the “born-in-america” rule for presidency and every marijuana user’s vote on the day you have the opportunity to take the stage and lead this great country back to the top again. Just like in movies, when you give the people what they want they give you their support and most importantly, their money 🙂
I live in south carolina, i smoke weed as much as i can. I’ve recently broken my thumb and to be honest with everyone marijuana helps with my pain much, much more than any opiate my doctor prescribes me. i know i live in a bible state and i’ll probably be one of the last to see this plant legal in my state, but i’ve been following prop 19 ever since it was started. i highly support it and i would love to see it made legal november 2nd. GO CALIFORIA! YOU HAVE MY SUPPORT!! SET AN EXAMPLE FOR THE WHOLE COUNTRY TO SEE!
come on guy november is coming fast i have read prop. 19 and its all smoke and nonsense. its not hard to revise and make sure that are state makes money on are taxs. we should support are police and fund them with what ever the police need. the police department is hurting and planning to do layoffs this month. lets stop the layoff for them and fund them. the see the dispensaries make hundred of thousands of dollars. thats not right for being nonprofit.we have a chance of a life time and we are just pissing it away. with a prop that is not fully finshed
@aldud are you illiterate??? if you ‘read it’, you obviously failed to comprehend prop 19.
it controls something that is currently out of control.
you fail- The dispensarys deserve all the money they can get. it is a science.
MOST cops deserve to lose their jobs today. They should stop inducing FEAR into people. NOBODY likes cops who hate freedom so don’t be ignorant and ask anyone of us to support them. they are the very thin threatening to destroy our entire lives over NOTHING.
COPS should be friends of harmless people. But as smokers of a plant that harms NO BODY – we’re all are treated like criminals by racist federal government.
SCREW The cops who are nothing but a gang.
IF You were a REAL Police man, you would Join LEAP and vote YES ON PROP 19 – SAVE THE WORLD
Arnold actually signed it in, but my question is, do they still take the pot, or destroy it?
[Russ responds: Yes. Marijuana is illegal after all.]