 [68] TALK.POLITICS.DRUGS (1:375/48)  TALK.POLITICS.DRUGS 
 Msg  : #3999 [221]                                                             
 From : Sean Simpson                        1:2613/335      Thu 25 Aug 94 18:06 
 To   : (crosspost 1) All                                                       
 Subj : Legalization of drugs                                                   

From: ssimpson@cs.ucsd.edu (Sean Simpson)
Organization: CSE Dept., U.C. San Diego

In article <1994Aug24.102919.6890@crosfield.co.uk> glyn@crosfield.co.uk (Glyn
Hanton) writes:

>Mary Ker (mvk@yogi.tuc.noao.edu) wrote:
>: Kai A Price (kprice@twain.ucs.umass.edu) wrote:
>: : : So what's all this I hear about the federal govt, refusing road funding
>: : : to states that are soft on drug laws ? Federal law by the back door ?
>
>: : : Also, why could Alaska only decriminalise, and not legalise, did they
>: : : just not want to legalise, or were they persuaded not to ?
>
>: I don't have answers to this, but wanted to mention that 11 states have
>: decriminalized marijuana, so the federal club can't be too strict.
>
>Well, you missed out on the attributes, it was me that said that, but
>not a big deal. Anyway, can you name the States, and say what form of
>decriminalisation they have (ie, how much can you possess, can you
>smoke in public, do people get done for dealing, do you have licensed
>people who are allowed to sell etc etc). The point being, I have my
>doubts about this snippet of info.
>
>Also, are these states penalised in any way by the federal authorities.
>

   Well, I can't speak for all 11 of the states, but living in
California and being very interested in e subject, I looked
into California laws concerning marijuana.   Here is a copy of
the laws:

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.

Sean

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