Monday, November 8, 2010

Possession of less than 1 oz of marijuana only punishable by $100 after 1/1/11

Have you been arrested in San Diego for possession of marijuana? Was the amount of marijuana less than one ounce?

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 Prop 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.
Possession of more than one ounce of marijuana will remain a criminal offense and can be charged as a misdemeanor or even a felony, potentially resulting in county jail or state prison. If you have been arrested for possession of marijuana in San Diego, contact the Law Offices of Aaron T. Hicks today for a free consultation at (619) 940-5566 or You may have defenses in court to keep you out of jail.