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2010 SESSION

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HB 1134 Marijuana; decriminalizes simple possession thereof, civil penalty.

Introduced by: Harvey B. Morgan | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Decriminalization of possession of marijuana.  Decriminalizes simple marijuana possession. The bill does not make marijuana possession legal but creates a civil penalty of $500 for simple possession of marijuana, a penalty equal to the current criminal fine for simple marijuana possession. The bill also raises the quantities necessary for punishment of possession with intent to distribute so as not to punish amounts that may be possessed for personal use. The bill creates a rebuttable presumption that a person who grows no more than five marijuana plants grows marijuana for personal use and not for distribution, an offense punishable by the $500 civil penalty. The civil penalties collected are payable to the Literary Fund. The bill removes the two-year mandatory sentence for distribution of less than one ounce of marijuana and the five-year mandatory minimum sentence for distribution of more than one ounce of marijuana. The bill requires forfeiture of the driver's license of any minor found to have committed the violation of possession of marijuana. The bill reduces the penalty for possession of marijuana by a prisoner from a Class 5 felony to a Class 6 felony, the same punishment as is currently imposed for possession of a firearm or a knife by a prisoner or for setting off an explosive device in a prison.


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