The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend various codes as they relate to the criminal consequences of certain criminal offenses involving the possession of marihuana or possession of drug paraphernalia.  Under the provisions of the bill, the definition of marihuana would be modified, possession of one ounce or less would now be punishable as a Class C Misdemeanor, and possession of more than one ounce but two ounces or less would be a Class B Misdemeanor.

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 the punishment for any offense is expected to result in fewer demands on the correctional resources of the counties or of the State due to fewer individuals placed under supervision in the community.  Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the actual weight or amount of marihuana possessed.  This information is necessary to identify the cases affected by the provisions of the bill from all other marihuana possession cases under the provisions of the bill.