HS 11357(b)

[Cali408nia]

Huh? If one pleads guilty there's no need to go to trial.

Yeah you're correct, but re-read what you quoted. I said if you plead NOT guilty and take it to a trial....

 

[BanksSuck]

Except traffic tickets don't get taken to a superior court. And traffic tickets have the option to pay the fine without appearing in court. That's where a lot of the confusion is coming into play. In this guy's case it isn't being treated like a traffic ticket so far.

Well, if it was an ounce or less, then it IS in fact treated like a traffic ticket per CA Health & Safety Code 11357b - As of January 1, 2011, possession of one ounce (28.5 gms) or less of marijuana is an infraction, punishable by a maximum $100 fine (plus fees) with no criminal record.

Possession of one ounce or less while driving may be charged under Vehicle Code 23222, which is treated identically to HSC 11357 b.

 

[DRoseMVP2011]

(2) an arrested person who gives
satisfactory evidence of identity and a written promise to appear in
court shall not be subjected to booking.

This confuses me because although it appears to say one thing, it immediately after states this:

This bill would
eliminate the above- described prov isions
relating to booking and to diversion and referral for education,
treatment, or rehabilitation

Can anyone translate this?

 

[Cali408nia]

It basically says the bill eliminates pre-booking, diversion education programs, drug treatment, and rehab. Diversion education programs used to be offered to first time offenders. Instead of making a plea, you would take an education class and the charges would be dismissed and no conviction would occur. Likewise if the court decided an individual needed rehab. Basically it's saying there's no court ordered options anymore, it's just an infraction with a fine and you're done. Could you please link me or copy and paste the entire bill? I can't seem to find the actual legislation of the bill by doing a search.

 

[dmcc10880]

It basically says the bill eliminates pre-booking, diversion education programs, drug treatment, and rehab. Diversion education programs used to be offered to first time offenders. Instead of making a plea, you would take an education class and the charges would be dismissed and no conviction would occur. Likewise if the court decided an individual needed rehab. Basically it's saying there's no court ordered options anymore, it's just an infraction with a fine and you're done. Could you please link me or copy and paste the entire bill? I can't seem to find the actual legislation of the bill by doing a search.

Dude. Plead guilty. Move on. If you're so concerned, get an attorney.

 

[Cali408nia]

Dude. Plead guilty. Move on. If you're so concerned, get an attorney.

I agree with pleading guilty but he's got a legit point. One article about SB 1449 said the bill says no court appearance is required, which is why I'm interested to know the entire contents of the bill. I've been charged with this in CA before when it was a misdemeanor, and so far the OP is going through the EXACT same process I had to go through. Citation with a promise to appear at a superior court and pre-booking required. The way the new law is stated, it's very logical to say that CA's system is not operating how the new bill says it should be. But I agree he needs an attorney if nobody can tell him WHY he has to jump through all these hoops.

 

[dmcc10880]

Agreed. Shall we end this thread?

 

[BanksSuck]

It basically says the bill eliminates pre-booking, diversion education programs, drug treatment, and rehab. Diversion education programs used to be offered to first time offenders. Instead of making a plea, you would take an education class and the charges would be dismissed and no conviction would occur. Likewise if the court decided an individual needed rehab. Basically it's saying there's no court ordered options anymore, it's just an infraction with a fine and you're done. Could you please link me or copy and paste the entire bill? I can't seem to find the actual legislation of the bill by doing a search.

CAL. HSC. CODE § 11357 : California Code - Section 11357

(a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.

(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.

(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.

(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.

(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:

(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.

(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.

Don't attorneys in CA provide free consultations?

 

[Bruno]

Marijuana possession up to one ounce is a misdemeanor (otherwise, someone please correct me on this).

 

[Cali408nia]

That is outdated, it was changed to an infraction

BILL NUMBER: SB 1449
AMENDED BILL TEXT

AMENDED IN SENATE APRIL 5, 2010

INTRODUCED BY Senator Leno

FEBRUARY 19, 2010

An act to amend Section 11357 of the Health and Safety Code,
and to amend Section 23222 of the Vehicle Code, relating to
controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 11357 of the Health and Safety Code is amended
to read:
11357. (a) Except as authorized by law, every person who
possesses any concentrated cannabis shall be punished by imprisonment
in the county jail for a period of not more than one year or by a
fine of not more than five hundred dollars ($500), or by both such
fine and imprisonment, or shall be punished by imprisonment in the
state prison.
(b) Except as authorized by law, every person who possesses not
more than 28.5 grams of marijuana, other than concentrated cannabis,
is guilty of an infraction punishable by a fine of not more than one hundred
dollars ($100) .
(c) Except as authorized by law, every person who possesses more
than 28.5 grams of marijuana, other than concentrated cannabis, shall
be punished by imprisonment in the county jail for a period of not
more than six months or by a fine of not more than five hundred
dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or
over who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be punished by a fine
of not more than five hundred dollars ($500), or by imprisonment in
the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18
who possesses not more than 28.5 grams of marijuana, other than
concentrated cannabis, upon the grounds of, or within, any school
providing instruction in kindergarten or any of grades 1 through 12
during hours the school is open for classes or school-related
programs is guilty of a misdemeanor and shall be subject to the
following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon
a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or
commitment to a juvenile hall, ranch, camp, forestry camp, or secure
juvenile home for a period of not more than 10 days, or both, upon a
finding that a second or subsequent offense has been committed.
SEC. 2. Section 23222 of the Vehicle
Code is amended to read:
23222. (a) No person shall have in his or her possession on his
or her person, while driving a motor vehicle upon a highway or on
lands, as described in subdivision (b) of Section 23220, any bottle,
can, or other receptacle, containing any alcoholic beverage which has
been opened, or a seal broken, or the contents of which have been
partially removed.
(b) Except as authorized by law, every person who possesses, while
driving a motor vehicle upon a highway or on lands, as described in
subdivision (b) of Section 23220, not more than one avoirdupois ounce
of marijuana, other than concentrated cannabis as defined by Section
11006.5 of the Health and Safety Code, is guilty of an infraction
punishable by a fine of not more than one hundred dollars
($100).

 

[BanksSuck]

You are correct, sir!

 

[mike2291]

Okay so I got the hs 1357 B and I am 20 years old... Does this mean they are going to suspend my license? What can I do so they don't, and does a ticket still come in the mail for this citation.? ? ?