NCJ Number
14132
Journal
UCLA Law Review Volume: 21 Issue: 4 Dated: (APRIL 1974) Pages: 1136-1171
Date Published
1974
Length
36 pages
Annotation
SUGGESTION THAT THERE IS AMPLE CALIFORNIA AND OTHER AUTHORITY TO INVALIDATE PRESENT FELONY IMPRISONMENT PENALTIES FOR PRIVATE USE AND POSSESSION OF MARIJUANA.
Abstract
THIS COMMENT EXAMINES THE EFFECT OF ARTICLE I, SECTION 6 OF THE CALIFORNIA CONSTITUTION WITH RESPECT TO THE EXISTING PROHIBITION AGAINST THE POSSESSION OF MARIJUANA, AS EMBODIED IN THE CALIFORNIA HEALTH AND SAFETY CODE. FIRST, THE INDICIA OF CRUEL OR UNUSUAL PUNISHMENT, AS DISCLOSED BY MAJOR JUDICIAL DECISIONS, WILL BE REVIEWED. THIS CONSIDERATION WILL FOCUS ON TWO RECENT OPINIONS OF THE CALIFORNIA SUPREME COURT. IN ADDITION, RECENT DECISIONS BY OTHER STATE SUPREME COURTS DETERMINING THE CONSTITUTIONALITY OF THEIR STATES' MARIJUANA POSSESSION AND SALE STATUTES WILL BE DISCUSSED. THESE PRINCIPLES WILL THEN BE APPLIED IN AN ANALYSIS OF THE CONSTITUTIONAL STATUS OF CALIFORNIA'S MARIJUANA POSSESSION STATUTE. FINALLY, IT WILL BE SUGGESTED THAT THE PUNISHMENT PRESCRIBED BY CALIFORNIA LAW IS CRUEL OR UNUSUAL IN THE CONSTITUTIONAL SENSE AND INDEED, THAT ANY SENTENCE OF IMPRISONMENT FOR THE PRIVATE POSSESSION OF MARIJUANA FOR PERSONAL USE IS INVALID UNDER THE CALIFORNIA CONSTITUTION. (AUTHOR ABSTRACT)