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 amount 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 provides 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-tenth 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 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-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) possesses 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).

Statutes affected:
Introduced: 39-17-418(a), 39-17-418, 39-17-418(d), 39-17-417(g)(1), 39-17-417