Relating to the possession of marijuana and providing penalties

This bill relates to the possession of marijuana. The bill provides that a person who possesses five grams or less of marijuana commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. Current law provides that a person who commits a first offense possession of marijuana is subject to no more than six months imprisonment in a county jail, a fine of no more than $1,000, or both. Under current law, a second offense is a serious misdemeanor, with a fine of at least $430 but not to exceed $2,560 and can include imprisonment not to exceed one year. A third or subsequent offense is an aggravated misdemeanor with a fine of at least $855 but not to exceed $8,540, and can include imprisonment not to exceed two years. The bill provides that if the controlled substance is five grams or less of marijuana, the enhanced penalties for a second or subsequent offense do not apply and the person is guilty of a simple misdemeanor.