Marijuana Reform Advocates Await Results One Year After California Decriminalized Marijuana Possession
SACRAMENTO – On
January 1, 2011, a law passed by the California State Legislature and signed by
then-Governor Arnold Schwarzenegger went into effect that removed criminal
penalties for possession of up to an ounce of marijuana, making the violation a
civil citation similar to a parking ticket. Supporters of the law argued that
it would remove some of the financial burden associated with arresting people
for marijuana possession, while lessening the damage done by having a criminal
record. Advocates now eagerly await the release of arrest data, as well as
state expenditures on marijuana enforcement and prosecution, to determine if
the state is adequately following the law.
“Serious
unintended consequences have surfaced as a result of this mischaracterization
[marijuana possession being a misdemeanor as opposed to a civil infraction],”
said Sen. Mark Leno, the bill’s sponsor, during debate on the bill in 2010. “As
the number of misdemeanor marijuana possession arrests have surged in recent
years, reaching 61,388 in 2008, the burden[s] placed on the courts by these low
level offenses are just too much to bear at a time when resources are shrinking
and caseloads are growing. Defendants may demand an entire jury trial —
including the costs of jury selection, defense, and court time — for a penalty
of only $100."
If
California has effectively implemented this law, arrests for marijuana
possession should be much lower than in 2010, as should the amount of resources
spent on arresting and prosecuting marijuana violations. Conclusive data has
not yet been made available.
"We welcome the one year anniversary of
the full decriminalization of possession of up to 28.5 grams of marijuana in
California and view this legislative victory as much needed change,” said
Robert Capecchi, a legislative analyst at the Marijuana Policy Project. “In
2009, the clearance rate for violent crimes committed in California was a mere
43.7%. By removing non-violent possession of a small amount of marijuana from
the criminal realm, California law enforcement is better able to focus their
limited resources on policing and prosecuting crimes of violence, as well as
those committed against private property. However, the Marijuana Policy Project
fully understands that the brave men and women of California law enforcement
will be much better equipped to keep the citizens of the Golden State secure in
their persons and property once the state removes its prohibition on marijuana
and taxes and regulates the substance like alcohol."
