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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
[CA] When marijuana possession becomes an infraction
    #13446534 - 11/07/10 01:36 AM (13 years, 6 months ago)

When marijuana possession becomes an infraction
November 7, 2010 - sfgate.com

California pot smokers can breathe a little easier next year. Under a state law that takes effect Jan. 1, possession of less than an ounce of marijuana will be an infraction punishable by a $100 fine. Today it is a misdemeanor punishable by a $100 fine.

The new law does not go as far as Proposition 19, which voters rejected Tuesday. That would have legalized possession of less than 1 ounce of marijuana for personal use by anyone 21 or older in California.

Under the law passed by the Legislature and signed by the governor, SB1449, possession of less than an ounce will no longer be a misdemeanor or go on a person's criminal record. Instead, it will be an infraction, similar to a speeding ticket. That has some people wondering whether the infraction will go on a person's driving record and affect insurance rates.

Here are answers to these and other questions about how the new law will affect employment applications and federal student financial aid. These questions assume the person does not have a legitimate medical marijuana card.

Q: If I get caught with less than an ounce, what's the worst that will happen?

A: Assuming you are not driving under the influence or on school property, you could be convicted of an infraction and subject to a $100 fine. If you don't want to contest it, you will sign the citation and send in the money. (Possession of less than an ounce on the grounds of a K-12 school during school hours is still a misdemeanor and subject to stiffer penalties.)

Q: Can I fight it?

A: Yes, you can ask for a trial before a judge, but you cannot ask for a jury trial or a court-appointed attorney, like you can today.

"Defendants in misdemeanor cases are entitled to jury trials," which can cost the public $1,000, says the bill's sponsor, Sen. Mark Leno, D-San Francisco. "We were spending tens of millions of dollars each year on jury trials, clogging courts for simple possession cases."

The new law could make it harder to get charges dismissed.

"The way it was before, in most counties, if you insisted on a jury trial they would likely dismiss the case rather than tie up the courtroom for something where you would get a $100 fine. In that sense, you won't have that option any more," says William Panzer, an Oakland attorney who is on the board of the National Organization for the Reform of Marijuana Laws.

Q: I've heard the new law will make possession of less than an ounce like a traffic ticket. Does that mean it will go on my driving record? Will it affect my insurance rates?

A: Assuming you are not driving while stoned, the answer to both questions is no.

Possession alone is not a motor vehicle offense and will not go on your driving record today or when the new law takes effect. It is not one of the factors insurance companies in California can use to set rates.

"By itself, a pot-related citation that does not go on DMV records cannot be used to determine your rates," says Molly DeFrank of the state insurance department.

However, driving under the influence of marijuana is a serious offense. If convicted, it will go on your DMV and criminal record and increase your insurance rates. The new law will not change this.

Q: Will a pot infraction go on my criminal record?

A: Today, if you are convicted of possessing less than an ounce of marijuana in California, it will go on your criminal record and drop off after two years. A pot infraction will not go on your criminal record, although it will be in court records if someone wanted to dig it up.

Q: Will I have to disclose a pot infraction on employment applications?

A: Probably not. Today, many employers ask if job applicants have been convicted of a felony or misdemeanor. California Labor Code Section 432.8 prohibits them from asking applicants to disclose "any convictions for certain marijuana-related misdemeanors that are more than two years old. One of them is possession of less than 28.5 grams" or roughly 1 ounce, says Felicia Reid, a partner with employment-law firm Curiale Hirschfeld Kraemer.

Most employers in California deal with this by adding a phrase such as "you need not disclose marijuana-related misdemeanors more than two years old."

If employers don't change their forms, applicants will not have to disclose marijuana infractions. Employers could ask if applicants have been convicted of marijuana infractions, but are not likely to.

"Unless it's a very unusual kind of employment, 99 percent of employers are not going to inquire about civil infractions," says Garry Mathiason, a senior partner with employment law firm Littler Mendelson.

Q: Can I lose college financial aid if I'm convicted of a marijuana infraction?

A: If you are convicted of a marijuana misdemeanor you can lose federal student aid. If you are convicted of an infraction, it's not clear.

A federal law states that "a student who is convicted of any offense under any federal or state law involving the possession or sale of a controlled substance" while receiving federal student aid will no longer be eligible for federal aid for a certain period of time. This period can be shortened if the student goes through drug rehab. Student aid includes all federal loans and grants.

However, a U.S. Department of Education regulation states that "a conviction means only a conviction that is on a student's record." It does not define record.

If you are convicted of a marijuana infraction, it's still a conviction and that could potentially jeopardize your student aid. But if it's not on your criminal record, it's not clear whether it would have to be reported on the federal student aid application.

Jane Glickman, a spokeswoman for the education department, says, "We will review the changes in the California law to see how it affects the federal provision."

Students who need help with this question can call (800) 433-3243, although it may be a while before they get a definitive answer.

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InvisibleBirdsIView
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Re: [CA] When marijuana possession becomes an infraction [Re: veggie]
    #13447469 - 11/07/10 08:51 AM (13 years, 6 months ago)

Hm I wonder if this will make police more likely to get involved when they see someone smoking or possessing a little bit of weed. Before it was very likely they wouldn't just to avoid the criminal process but now with it being a simple citation they might do it for a little extra cash.

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InvisibleDutchie3k
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Re: [CA] When marijuana possession becomes an infraction [Re: veggie]
    #13447489 - 11/07/10 08:59 AM (13 years, 6 months ago)

At least they use 28.5g, slightly more than an ounce...a nice little buffer.

Here in NY our UPM (Unlawful posession) ticket cuts off at 25g.  Fuckin trick I say.


P.S. to above...  I imagine the law currently in effect can carry rather significant fines, probably well above $100


--------------------
"The Edge... there is no honest way to explain it because the only people who really know where it is are the ones who have gone over.  The others - the living - are those who pushed their control as far as they felt they could handle it, and then pulled back, or slowed down, or did whatever they had to when it came time to choose between Now and Later"

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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
Re: [CA] When marijuana possession becomes an infraction [Re: Dutchie3k]
    #13447553 - 11/07/10 09:22 AM (13 years, 6 months ago)

The fine is still $100. That hasn't changed. After January it'll be a ticket instead  of a court appearance. This wasn't done for the pot users benefit, it was to save the state a bunch of money, which is good. But it was 'sold' to the public as being just as good as being legal.

Of course if it was legal, there would be no fine and growing would be allowed also. By being illegal cops can give a ticket, but they may end up searching you, your car, home, check for warrants, parole violations, etc. So it's good thing, being better than before, but since pot is still against the law there are still quite a few of the existing legal ramifications.

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Offlinej0nnyb0y05
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Re: [CA] When marijuana possession becomes an infraction [Re: veggie]
    #13447780 - 11/07/10 10:18 AM (13 years, 6 months ago)

it still unclear to me regarding employment. They dont test for speeding tickets before you are hired, but are they going to test me for marijuana.


why couldn't 19 pass?


--------------------
.....Healing Of People Everywhere.....


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OfflinePlok
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Re: [CA] When marijuana possession becomes an infraction [Re: j0nnyb0y05]
    #13447843 - 11/07/10 10:40 AM (13 years, 6 months ago)

too many retards in every state


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Just say NO to the War on Drugs.

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Offlinecily4p
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Re: [CA] When marijuana possession becomes an infraction [Re: j0nnyb0y05]
    #13447864 - 11/07/10 10:47 AM (13 years, 6 months ago)

even if prop 19 had passed, employers in CA could and many would still do preemployment drug screens, including for marijuana. prop 19 said nothing about employment drug screens and companies would have been within their rights to continue screening employees for pot. maybe in 2012 the authors of the next pot legalization initiative will fix that loophole.

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InvisibleSykey
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Re: [CA] When marijuana possession becomes an infraction [Re: cily4p]
    #13447980 - 11/07/10 11:25 AM (13 years, 6 months ago)

'The new law could make it harder to get charges dismissed.' 
Im not in cali but here i would rather pay  a 100$ fine than pay a lawyer hundreds or thousands to possibly get the charges droped. 

'Hm I wonder if this will make police more likely to get involved when they see someone smoking or possessing a little bit of weed '
Of course it would be better if they didn't go this route but if they did its not a big deal.  you already don't smoke in front of cops and if you do get caught once its a citation then you'll be thinking of it like a speeding ticket, damn i should've slowed down, or damn i shouldn't have hit that blunt while i was walking past the police station

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InvisibleSykey
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Re: [CA] When marijuana possession becomes an infraction [Re: Sykey]
    #13448009 - 11/07/10 11:31 AM (13 years, 6 months ago)

So what will happen if a ticket is not paid.  My girl recently got a local ordinance viol;ation by a park cop for rolling through a stop sign. It doesn't affect her driving record but if she doesn't pay by due date they can bump it up to a regular ticket and it goes on your driving record.  If you dont pay this ticket can they bump it up to a misdemeanor or suspend your license- do they have any recourse in order for them to collect their money?

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OfflineShroomerette
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Re: [CA] When marijuana possession becomes an infraction [Re: Sykey]
    #13448164 - 11/07/10 12:10 PM (13 years, 6 months ago)

Wow I'm surprised that it's only a misdemeanor to have it on school grounds.  CA is so different from here :sad:.


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Leaving the shroomery forever

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OfflinePurple_spore
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Re: [CA] When marijuana possession becomes an infraction [Re: veggie]
    #13448235 - 11/07/10 12:27 PM (13 years, 6 months ago)

Quote:

veggie said: Today it is a misdemeanor punishable by a $100 fine.




This is a false claim I see on every website, including NORMAL. It is up to the jurisdiction as to how much they want to charge you or the fine.

My one and only ticket was 420 dollars. Plus a hundred dollar court fee. It's the same with every person I've ever seen get one, $420. I just wish I would have fought it.

Now I don't dought that it stays that way in January, counties will still charge what ever they want.


--------------------
Safety first children :thumbup:

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OfflineKonyap

Registered: 06/30/07
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Re: [CA] When marijuana possession becomes an infraction [Re: Purple_spore]
    #13448373 - 11/07/10 12:56 PM (13 years, 6 months ago)

its better they used to/still take you kids away from you for pot

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InvisibleMOTH
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Re: [CA] When marijuana possession becomes an infraction [Re: Shroomerette]
    #13448716 - 11/07/10 02:15 PM (13 years, 6 months ago)

Quote:

Shroomerette said:
Wow I'm surprised that it's only a misdemeanor to have it on school grounds.  CA is so different from here :sad:.





It sure is.  I moved from Texas, to south California where I lived for several months, to back to Texas.  Not a day goes by that I don't miss that place and wonder why I left.

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OfflineOjom
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Re: [CA] When marijuana possession becomes an infraction [Re: cily4p]
    #13448998 - 11/07/10 03:12 PM (13 years, 6 months ago)

Quote:

cily4p said:
even if prop 19 had passed, employers in CA could and many would still do preemployment drug screens, including for marijuana. prop 19 said nothing about employment drug screens and companies would have been within their rights to continue screening employees for pot. maybe in 2012 the authors of the next pot legalization initiative will fix that loophole.




You didn't actually read prop 19 did you? :shake:

Quote:


c) No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected.




Like many things in Prop 19 this was not as clear as it ideally would have been, but that provision would seem to ban pre-employment drug testing to me.

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InvisibleFleshCap
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Re: [CA] When marijuana possession becomes an infraction [Re: veggie]
    #13449228 - 11/07/10 04:01 PM (13 years, 6 months ago)

Breathe a little easier is right...we've been waiting for the day that getting caught with pot wasn't going to cost you your job due to a stain on your record.

It may not be legalization, but at least I believe this to be a more "reasonable" procedure for substance control.


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Offlinecily4p
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Re: [CA] When marijuana possession becomes an infraction [Re: Ojom]
    #13450800 - 11/07/10 08:47 PM (13 years, 6 months ago)

Quote:

Ojom said:
Quote:

cily4p said:
even if prop 19 had passed, employers in CA could and many would still do preemployment drug screens, including for marijuana. prop 19 said nothing about employment drug screens and companies would have been within their rights to continue screening employees for pot. maybe in 2012 the authors of the next pot legalization initiative will fix that loophole.




You didn't actually read prop 19 did you? :shake:

Quote:


c) No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected.




Like many things in Prop 19 this was not as clear as it ideally would have been, but that provision would seem to ban pre-employment drug testing to me.





i read the proposition. the section you quoted is the relevant part which i was addressing. it explicitly allows the "existing right of an employer" to drug test, which is what "address[ing] consumption that actually impairs job performance" means.

it's pretty clear to me that based on the language of the initiative and the california supreme court's decision in ross vs. raging wire telecommunications , proposition 19 would have continued to allow employers to drug test employees for marijuana.

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OfflinePurple_spore
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Re: [CA] When marijuana possession becomes an infraction [Re: cily4p]
    #13451886 - 11/08/10 01:03 AM (13 years, 6 months ago)

Quote:

cily4p said:
Quote:

Ojom said:
Quote:

cily4p said:
even if prop 19 had passed, employers in CA could and many would still do preemployment drug screens, including for marijuana. prop 19 said nothing about employment drug screens and companies would have been within their rights to continue screening employees for pot. maybe in 2012 the authors of the next pot legalization initiative will fix that loophole.




You didn't actually read prop 19 did you? :shake:

Quote:


c) No person shall be punished, fined, discriminated against, or be denied any right or privilege for lawfully engaging in any conduct permitted by this Act or authorized pursuant to Section 11301 of this Act. Provided however, that the existing right of an employer to address consumption that actually impairs job performance by an employee shall not be affected.




Like many things in Prop 19 this was not as clear as it ideally would have been, but that provision would seem to ban pre-employment drug testing to me.





i read the proposition. the section you quoted is the relevant part which i was addressing. it explicitly allows the "existing right of an employer" to drug test, which is what "address[ing] consumption that actually impairs job performance" means.

it's pretty clear to me that based on the language of the initiative and the california supreme court's decision in ross vs. raging wire telecommunications , proposition 19 would have continued to allow employers to drug test employees for marijuana.




I personally never saw a problem with that, it's just one more thing that would allow the bill to pass more smoothly, IMO.

If drug testing company's had to make special test for the California market, that would cost more money, and if they actually did it, they would probably charge more money for the tests that are "marijuana exempt" and there for put a strain even further on employers in the shitty market.

I'm not saying I don't think drug testing company's don't have the money and resources to do that, just that they are greedy bastards, and I wouldn't put it past them for it, because not only will they have to spend the money to make special tests(assuming that they'd have to) but they would also loose alot of money from just simple marijuana tests. They would lose all the califonia market, and thats a very big market.

One step at a time gentleman, one step at a time.

Plus, any employer has the right to test for alcohol, it's legal, and they DO do it. I've had it done. But it doesn't stay in your system for anywhere near as long as chronic marijuana use.


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Safety first children :thumbup:

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