Getting caught with an ounce or less of marijuana no longer means the possibility of jail time or a large fine, according to a new California law that went into effect this year.
The new law reclassified possession of a small amount of marijuana from a misdemeanor to an infraction, comparable to receiving a traffic ticket. Fines will not exceed $100.
The legislation, SB 1449, was signed by former Gov. Arnold Schwarzenegger in October, shortly before California voters rejected Proposition 19, which would have legalized the possession and use of marijuana in the state.
One of the arguments in support of the proposition was that it would save the state millions of dollars in court and prosecution costs.
Law enforcement officials warn that driving under the influence of marijuana is still a crime and subject to harsher penalties.
"You're looking at prosecution for operating a motor vehicle," said San Diego County Deputy District Attorney Steve Walter.
Walter said law enforcement agencies for the most part had been handling small possession cases like infractions already.
"Since it was a misdemeanor before, you were entitled to a jury trial. You were entitled to a court-appointed lawyer if you could not afford one," Walter said.
"Now that it's an infraction, that changes. Now it's like a traffic ticket. You don't need a jury trial."
Leonel.sanchez@sandiegored.com
