Honorable Nicole Collier, Chair, House Committee on Criminal Jurisprudence
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1609 by Crockett (Relating to the criminal penalties for possession of marihuana.), As Introduced
The provisions of the bill addressed by this analysis would amend various codes as they relate to the possession of marihuana. Under the provisions of the bill, the penalty for possession of four ounces or less of marihuana would be a Class C misdemeanor. Under existing statute, the offense is punished at the misdemeanor or felony level, depending on the weight of the marihuana and other circumstances of the offense.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment. 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).
Reducing or eliminating the punishment for an offense is expected to result in fewer demands upon the correctional resources of counties or of the State due to a decrease in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. From fiscal year 2018 through 2020, 346 people were arrested, 59 were placed on direct community supervision, and fewer than 10 were admitted into a state correctional institution for the felony enhancement of the Class A misdemeanor marihuana possession offense under existing statute. This analysis assumes implementing the provisions of the bill addressing felony sanctions would not result in a significant impact on state correctional populations or on the demand for state correctional resources.