Marijuana decriminalized in California

By Christian Ericssen
October 01, 2010
A marijuana plant
A marijuana plant -
Up to 1 ounce, or 28g now legal to possess in California

Many years after Canada tried to decriminalize possession of small amounts of cannabis, California has also made that very move as Governor Arnold Schwarzenegger signed Senate Bill 1449 into law. The move makes the possession of less than one ounce (28 grams) an infraction much like a parking ticket. Previously, such an offense would have been considered a misdemeanor which required a court appearance. As an infraction, it would only cost the offender a $100 fine.

Conversely, several laws and court rulings here (in Canada) have made the law somewhat unclear, yet Police have seriously changed their tune on the subject since pot laws received widespread media attention around the turn of the millennium.

While the full legalization of pot by the state of California is opposed by the Governator, it will appear on the November ballot as Prop 19.

The possession of more than one ounce or roughly 30 grams will remain a crime and hashish does fall in this category.

According to Schwarzenegger, he wrote "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."

In 2009, there were 61,164 arrests for simple possession of pot, so the decriminalization is projected to save the bankrupt state some seriously needed cash. According to some sources, the price of street pot is approximately $275, around 20% - 25% higher than the average street price in major Canadian cities.

Supporters of the bill praise the Governor for finally shifting the focus from chasing pot smokers to getting tough on real crime. What's more is that the state can finally save a buck, a buck the cash-strapped state could really use. The main question which comes to mind, is if a US state can push this law through, what ever stopped Canada from finally clarifying the situation in the Great White North?


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