NCJ Number
45532
Date Published
1977
Length
56 pages
Annotation
THE EFFECTS OF CALIFORNIA'S LAW DECRIMINALIZING THE POSSESSION OF SMALL AMOUNTS OF MARIJUANA UPON JUSTICE SYSTEM COSTS, CASELOADS, AND OTHER AREAS OF CONCERN ARE EXAMINED FOR THE LAW'S FIRST YEAR IN FORCE.
Abstract
SENATE BILL 95 WAS ENACTED IN JULY 1975. IT MADE POSSESSION OF ONE OUNCE OR LESS OF MARIJUANA A CITABLE MISDEMEANOR INSTEAD OF A POSSIBLE FELONY. POSSESSION OF MORE THAN ONE OUNCE FOR PERSONAL USE WAS ALSO MADE A MISDEMEANOR. CULTIVATION OF ANY AMOUNT OF MARIJUANA REMAINED A FELONY OFFENSE, AS DID POSSESSION FOR SALE, AND IMPORTING OR TRANSPORTING MORE THAN ONE OUNCE. RECORD DESTRUCTION PROVISIONS WERE INCLUDED FOR PAST ARREST AND CONVICTIONS FOR MARIJUANA POSSESSION. THE QUESTIONS ADDRESSED IN THIS STUDY RELATE TO CHANGES IN MARIJUANA LAW ENFORCEMENT, CRIMINAL JUSTICE SYSTEM COSTS, DRUG TREATMENT PROGRAM ENROLLMENTS, MARIJUANA USAGE, PUBLIC ATTITUDES TOWARD CRIMINAL SANCTIONS, AND OTHER RELATED MATTERS. A VARIETY OF SOURCES SUCH AS ARREST AND CITATION DATA, WORKLOAD AND IMPACT SURVEYS, BUDGETS AND REVENUES, AND PUBLIC OPINION POLLS ARE REVIEWED AND ANALYZED. IN A STATEWIDE SURVEY OF ADULTS, ONLY ONE IN EIGHT REPORTED THAT THEY WERE MORE WILLING TO USE THE DRUG BECAUSE OF THE REDUCED PENALTIES. ANALYSIS OF ARREST DATA SHOWS THAT IN THE FIRST 6 MONTHS OF 1976, MARIJUANA POSSESSION OFFENSES WERE REDUCED BY NEARLY HALF COMPARED TO THE SAME PERIOD IN 1975; AT THE SAME TIME, ARRESTS OF HEROIN ADDICTS AND OTHER DRUG OFFENDERS INCREASED SIGNIFICANTLY. THERE WAS A REDUCTION OF APPROXIMATELY 75 PERCENT IN LAW ENFORCEMENT AND JUDICIAL SYSTEM COSTS DURING THAT SAME PERIOD. PROSECUTORS, PUBLIC DEFENDERS, AND THE COURTS EXPERIENCED DIMINISHED WORKLOADS. CLIENT AND COST DATA ON DRUG TREATMENT PROGRAM ENROLLMENTS SHOW A MODERATE DECREASE IN MARIJUANA-RELATED DIVERSION REFERRALS AND AN INCREASE IN ENROLLMENT OF OTHER DRUG ABUSERS. SUPPORTING DATA ARE PROVIDED. APPENDIXES INCLUDE A COPY OF THE NEW LAW; AND ANALYSIS OF ITS EFFECT ON THE STATE'S DRUG ABUSE BUDGET; ARREST AND CITATION DATA; SUMMARIES OF CRIMINAL JUSTICE COSTS; INFORMATION ON MARIJUANA SEIZURES; ARREST DATA FOR DRIVING UNDER THE INFLUENCE OF INTOXICANTS; A COPY OF THE DRUG OFFENDER DIVERSION STATUTE; AND DATA CONCERNING THE DRUG OFFENDER DIVERSION PROGRAM. A LIST OF REFERENCES IS INCLUDED. (VA)