SACRAMENTO, Aug 30, 2006 - The
California Assembly killed a bill that would have raised the fine for
possession of one ounce or less of marijuana from $100 to $250 while
downgrading its status from a misdemeanor to an infraction. The bill, SB 797 by Sen. Gloria
Romero, failed 31-40.
Ironically, although California NORML and other
drug reform groups opposed SB 797 on account of the increased fine, the bill
was perceived as a decriminalization measure by the legislature.
NORML had supported an earlier version
of the bill, introduced in 2001 by Sen. Bruce McPherson and Judge Quentin Kopp,
which would have simply downgraded possession to an infraction. This would have
spared minor pot offenders the necessity of a court appearance and the stain of
a criminal record. That bill and a successor by Sen. Sher in 2004 were defeated
in the Assembly due to opposition from law enforcement and legislators afraid
of appearing soft on crime.
In order to attract
support from law enforcement, this yearıs bill was modified to increase the
fine from $100 to $250. This
caused drug reformers to turn against
it. Nonetheless, the bill continued to enjoy support from reform-leaning
legislators. In the end, the 31
votes for the bill came from the the pro-reform wing of the Assembly - all
Democrats - while the 40 nays came from opponents.
"Defeating SB 797 was like winning the game when your
opponent mistakenly scores the ball in your own goal," says California
NORML coordinator Dale Gieringer, "Unfortunately, the struggle over this
bill shows how difficult it is to
overcome Sacramentoıs resistance to softening pot penalties."
This is not the first
time when drug reformers have been at odds with their friends in the
legislature on marijuana legislation. Most activists opposed Sen. Vasconcellosı
medical marijuana bill SB 420 after it was modified to include the six-plant
limit. Still, the bill was viewed
as a pro-reform measure in the legislature and was opposed only by enemies of
Prop. 215.
California NORML plans to
lobby for stronger reformmeasures,
such as decriminalization of personal cultivation, in upcoming sessions of the legislature.