The provisions of the bill addressed by this analysis would amend various codes as they relate to the possession of two ounces or less of marihuana. Under the provisions of the bill, the penalty for possession of two ounces or less of marihuana would be a Class C misdemeanor. Under existing statute, this offense is a Class B misdemeanor and is eligible for enhancement to a Class A misdemeanor.

 

A Class A misdemeanor is punishable by a fine of not more than $4,000, confinement in a county jail for a term not to exceed one year, or both. A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and in addition to confinement, an optional fine not to exceed $2,000. A Class C misdemeanor is punishable by a fine not to exceed $500 (up to 180 days of deferred disposition and no confinement).

This analysis assumes the provisions of the bill would not result in a significant impact on the demand for state correctional resources.