HB 981

Present law provides that certain offenses constitute simple possession or casual exchange. However, this bill provides that it is not an offense for a person to possess in an amount less than one ounce (28.35 grams ) or possess five or fewer marijuana plants. It is also not an offense for a person to casually exchange a small amount of marijuana not in excess of one-tenth of one ounce (2.835 grams). "Casually exchange"" means the spontaneous passing of a small amoun t of marijuana that does not involve, in exchange for the marijuana, the payment of money or a gift card, debit card, credit card, or any other card, coupon, or token that is capable of being exchanged for money, merchandise, or goods . Present law provi des that it is an offense for a person to distribute a small amount of marijuana not in excess of one-half ounce (14.175 grams). This bill removes this provision and provides, instead, that it is an offense for a person to sell or distribute marijuana in an amount less than one ounce (2.835 grams) . MUNICIPALITY AND COUNTY ORDINANCE This bill authorizes a municipality, including a county with a metropolitan form of government, to establish by ordinance that a person who, in a public place, possesses or casually exchanges an amount of marijuana described above or who possesses five or fewer marijuana plants that are not concealed from public view commits a violation that is subject to a civil penalty not to exceed $250 to be calculated at $25 per one-ten th of one ounce (2.835 grams) and $50 per plant. This bill authorizes a county, by resolution of its county legislative body, to establish that a person who, in a public place that is not within the corporate boundaries of a municipality, possesses or ca sually exchanges an amount of marijuana described above or who possesses five or fewer marijuana plants that are not concealed from public view commits a violation that is subject to a civil penalty not to exceed $250 to be calculated at $25 per one-tenth of one ounce (2.835 grams) and $50 per plant. CONTROLLED SUBSTANCE PENALTIES Present law provides that a person who knowingly (i) manufactures a controlled substance, (ii) delivers a controlled substance, (iii) sells a controlled substance, or (iv) poss esses a controlled substance with intent to manufacture, deliver, or sell the controlled substance, with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half ounce (14.175 grams) nor more than 10 lbs (4535 grams) of marijuana commits a Class E felony and, in addition, may be fined not more than $5, 000. This bill increases the amount of marijuana for this offense to one ounce ( 28.35 grams)."