Despite Decrim, California Marijuana Possession Busts Abound [FEATURE]

According to figures from the California Criminal Justice Statistics Center, more than 550,000 people were charged with misdemeanor marijuana possession in the Golden State between 1999 and 2009. Last year, 61,164 people were charged with pot possession, down slightly from 2008's record 61,388.

The number of small-time pot arrests hovered at around 50,000 a year for most of the decade. But in 2007, it jumped to just under 60,000, and crossed that threshold in 2008.

That could change this year, though. A bill, SB 1449, approved by the state legislature last week would change the misdemeanor to a civil infraction. It awaits action on Gov. Schwarzenegger's desk. The Proposition 19 marijuana legalization initiative would allow people 21 or over to possess up to an ounce without fear of arrest and grow up to 25 square feet. It goes before the voters on November 2.

That wouldn't be a minute too soon, for some.  "It's morally offensive that in a state like California, where a majority of Californians favor outright legalization and where as far back as 1977 they thought they had it decriminalized, the law enforcement community continues to ignore the will of the citizens of the state," said Keith Stroup, founder of the National Organization for the Reform of Marijuana Laws (NORML).

"This is just another example of why we need to end marijuana prohibition and why we hope California voters will pass Proposition 19 this November," said Mike Meno, communications director for the Marijuana Policy Project. "We're criminalizing people and turning their lives upside down simply for using a substance that's safer than alcohol. It's also a huge misallocation of law enforcement resources. Even if they're not going to jail, these busts are still taking up police officers' time and clogging up the court system. This is all the more reason I hope voters really flock to the polls in November."

Under California law, possession of up to an ounce is a misdemeanor punishable only by a maximum $100 fine for a first offense. But because it is a misdemeanor -- not a civil infraction -- you can be arrested, and each offense requires a court appearance, leading to costs for the criminal justice system, as well as costs and a criminal record -- at least temporarily -- for the arrestee.

"People are usually cited and released, but they could be arrested," said Omar Figueroa, a Sebastopol-based marijuana defense attorney. "The law says they can be arrested for misdemeanor marijuana possession, and they will be if they don't have satisfactory proof of ID or if they ask to go before a judge."

It varies from locality to locality, Figueroa said. "In Berkeley, they try to process them in traffic court, even though it's technically a misdemeanor. A lot depends on the cop's discretion."

People charged with a misdemeanor have the right to counsel and the right to a jury trial. Ironically, both Figueroa and Dale Gieringer, longtime head of California NORML, said that exercising that right to trial could result in the charges being dropped.

"Some people have demanded jury trials," noted Gieringer, "and when you do that, you almost always find the charges getting dropped, because when the worst outcome is a $100 fine, it just isn't worth it."

"With the maximum sentence being a $100 fine, the system doesn't want to put out that much energy in picking a jury," said Figueroa, but don't count on it. "My first jury trial was pot possession misdemeanor in Los Angeles County. But if you're in San Francisco or Alameda County and you insist on your right to a jury trial, it will probably be dismissed."

Pleading guilty means a criminal record and all that entails, including collateral consequences like loss of access to public housing, but only for two years. Then, if you've managed to stay out of trouble, the conviction is expunged. But some judges push minor pot offenders into treatment, said Gieringer.

"Many judges railroad the defendants into not taking the misdemeanor plea, but instead doing a drug program, the advantage of which is that you have no conviction at all, but it's very expensive and time consuming," he said. 

Even having to show up for a court appearance can be burdensome, Gieringer said. "I know one UCLA student who had to go to Arcata [600 miles away] for a court appearance. It's also an inconvenience for the court. It's got to cost well over $100 for the state to assemble all the manpower for a pot misdemeanor hearing, and with 60,000 cases, that's $6 million wasted right there."

"It would be good to see that decrim bill signed into law or Prop 19 pass," said Stroup. "Or both," he laughed.

"Back when we did the decrim bill in the 1976, the district attorneys said it had to remain a criminal offense," said Gieringer. "The bill now pending would abolish that status. If Schwarzenegger can't sign this current decrim bill, there is something really sick in California politics." Gieringer laughed ruefully, adding, "Of course, we know there is something really sick in California politics."

"This same decriminalization proposal was defeated here three times in the past," said Gieringer. "I think its passage this year is an indication that you can get lawmakers to reduce penalties as a cost-cutting measure. The reason it passed this time was the budget crisis -- even the prosecutors and the courts supported the bill on the grounds of cutting costs."

That's just misdemeanor pot possession. An additional 135,000 people have been arrested on felony marijuana cultivation or distribution charges in the past decade. For all drug felonies, that figure rises to 1.4 million over the past decade.

An additional 850,000 arrests were made for non-marijuana drug misdemeanors. These are typically possession of personal use amounts of hashish, non-opiate prescription medications, and similar drugs on Schedules III, IV, and V of the state drug law, which can be charged as either felonies or misdemeanors. Figueroa called such charges "wobblers," since they can be charged either way.

While last year's 78,514 marijuana arrests (felonies and misdemeanors) is an all-time high, arrests for other drug offenses are declining. Narcotics (heroin and cocaine) felony arrests peaked at more than 56,000 in 2007, but declined to just under 44,000 last year, while dangerous drug felony arrests have declined by half since peaking at nearly 93,000 in 2005.

The huge number of drug arrests in general and marijuana arrests in particular come as the state is experiencing its lowest crime levels in three decades and a skyrocketing criminal justice system budget. In 1968, total criminal justice system (law enforcement, corrections, courts, prosecutors, public defenders) were at about $100 million, by 1984, when crime rates had already begun falling, the criminal justice budget was at about $5 billion. Last year, it was about $33 billion, mostly for police ($17 billion) and prisons ($15 billion).

Passage of Prop 19 or the signing of the decriminalization bill could begin to rein in the California criminal justice juggernaut, but that would just be a start. Still, you have to start somewhere. Real decrim would be good, but if California votes for legalization, it will be a political earthquake.

CA
United States
Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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Over 61,000 marijuana possession arrests in CA in 2009

The fact that over 61,000 people were charged with marijuana possession in 2009 in CA is unbelievable and indefensible.  The police, courts, and the criminal "justice" system as a whole have far too much on their plate to chase down adult human beings for simple possession of a small amount of marijuana, a substance that has never, in the history of the United States, resulted in even 1 overdose, let alone the fact that various ballot initiatives have shown that the vast majority of the states' citizens support the legalization of marijuana possession.  These points, along with the fact that alcohol, a much more dangerous substance that results in thousands of deaths every year, remains legal, point to a system completely out of synch with the rights and beliefs of CA citizens and the welfare of the public.  The fact that the right-wing propaganda machines can cause the loss of ever more liberties in this once-free nation is sickening.  California has the worst budget problems of any state in this nation, yet the police are wasting their time arresting otherwise healthy, productive, tax-paying citizens for simple possession of marijuana.  This demonstrates that this state has no people in any leadership roles that are willing to set priorities that reflect the will of the people.  The new ban on gun shows further demonstrates this loss of constitutional liberties as well as political leadership that is adrift in a sea of forever-shifting politically correct winds.  The shooting that set this new gun show ban into motion had NOTHING whatsoever to do with any gun show, yet these right-wing fanatics used it to further erode our Constitutional rights, which are in dire straits in California.  The question that must be addressed is "What are the priorities of the political leadership in California, and do ANY politicians in this state have ANY backbone or principles or are they all just spineless greedy puppets that drift whichever way the winds blow?"

Right wing fanatics?

Billy,

It was my understanding, for many many years, the Democrats and the left wing were supporters of gun bans.  The fact that you blame the right wing for this, demonstrates some sort of illogical thinking on your part.  As far as I know, gun laws have, almost always, been championed by the left, not the right.  Second amendment supporters have been "right wing" almost forever! (I am exaggerating some on that!)

And, the left is not really coming out in big support of Prop 19, either!  The people are going to have to accomplish this, without the help of the politicians. They are too worried about getting re-elected or being seen as soft on crime, to support the cause!

Guess what!?  This, right wing, WASP is not alone in his support of the re-legalization of cannabis.  I personally know the benefits it has in chronic pain!  One "right winger" Republican congressman, Doctor Ron Paul, has been calling for the end of the war on drugs for years!  The "war on drugs" has been instrumental in the punishment of  doctors, in this country, for years now, who would dare to treat chronic pain patients with opiates and other controlled substances!

borden's picture

the false info about Prop 19 was deleted

I deleted a comment which falsely claimed that Prop 19, California's marijuana legalization initiative, would make possession of any quantity of cannabis illegal. This is so wide of the mark it's almost comical. Except it's not comical, because this nonsense is getting widely distributed and it could literally sink the initiative. Make no mistake, a vote against Prop 19 is a vote for prohibition and the drug war.

I deleted a second comment that responded to the first one, and which mentioned and supported the Jack Herer initiative, as did the first comment. I'm glad they did, because it gives me the opportunity to link to Jack Herer's family's endorsement of Prop 19:

"Jack Herer would ask – no, he would demand your yes vote on Prop 19, along with a pledge to continue fighting for the plant, the people and the planet.

It is true that Prop 19 does not fulfill our father’s dream; but it takes us much closer to achieving it than we are now, and for that reason we, his family, endorse Prop 19 today."

FYI, on previous occasions I have allowed comments of the aforementioned nature to stay online, with people answering them, and I would still allow rational comments that discuss the details of the initiative to stay. But when it comes to long, blistering attacks on the initiative, and those attacks full of falsehoods and distortions, it's past the time when we can afford to do that. Use your own falsehood forums to attack Prop 19, not ours.

Brinna's picture

A little typo?

"Make no mistake, a vote for Prop 19 is a vote for prohibition and the drug war" is what you wrote, David, but I am sure you meant to say: a vote against Prop 19 is a vote for prohibition and the drug war.

borden's picture

Yes, a typo.  (!!!)  I've

Yes, a typo.  (!!!)  I've fixed it now.

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