California 2009-2010 Regular Session Status: To Executive

SB 1449 — Marijuana: possession.

Last action — Chaptered by Secretary of State. Chapter 708, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that, except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than $100. This same penalty is imposed for the crime of possessing not more than 28.5 grams of marijuana while driving on a highway or on lands, as specified. Existing law provides with respect to these offenses that, under specified conditions, (1) the court shall divert and refer the defendant for education, treatment, or rehabilitation, as specified, and (2) an arrested person who gives satisfactory evidence of identity and a written promise to appear in court shall not be subjected to booking. This bill would provide that any person who commits any of the above offenses is instead guilty of an infraction punishable by a fine of not more than $100. This bill would eliminate the above-described provisions relating to booking and to diversion and referral for education, treatment, or rehabilitation.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 708, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 43. Noes 33. Page 6842.) To Senate.

  6. Read second time. To third reading.

  7. (Heard in committee on June 22.)

  8. From committee: Do pass. (Ayes 4. Noes 1.)

  9. To Com. on PUB. S.

  10. In Assembly. Read first time. Held at Desk.

  11. Read third time. Passed. (Ayes 21. Noes 13. Page 3785.) To Assembly.

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 5. Noes 2. Page 3310.)

  14. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  15. Set for hearing April 20.

  16. To Com. on PUB. S.

  17. From print. May be acted upon on or after March 23.

  18. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Leno · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Leno

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1449 Leno Senate Third Reading By FEUER

Passed 50 Yea · 38 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 473502
Democratic 2100
Republican 1200
Total 503802
% of votes cast 56%42%0%2%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Evans — Yea
Feuer — Yea
Charles — Yea
Furutani — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Coto — Yea
Bill — Nay
Tom — Nay
Hernandez — Yea
Huber — Yea
Huffman — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Norby — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Portantino — Nay
Audra — Nay
Galgiani — Not Voting
Garrick — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Block — Not Voting
Knight — Nay
Lieu — Nay
Miller — Nay
Nestande — Nay
Silva — Nay
Smyth — Nay
Solorio — Nay
Tran — Nay
Villines — Nay
Adams — Yea
Ammiano — Yea
Beall — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Nay
Logue — Nay
Nava — Nay
Nielsen — Nay
Ruskin — Yea
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Yea
Fuentes — Nay
Fuller — Nay
Gatto — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4102
Total 4102
% of votes cast 57%14%0%29%
How each member voted (7)
Member Party Vote
Yamada — Yea
Gilmore — Not Voting
Hagman — Not Voting
Portantino — Nay
Hill — Yea
Ammiano — Yea
Beall — Yea

Official roll call →

Senate 3rd Reading SB1449 Leno

Passed 22 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 211203
Democratic 1001
Republican 0100
Total 221304
% of votes cast 56%33%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Lowenthal — Yea
Negrete — Yea
Corbett — Not Voting
Kehoe — Yea
Leno — Yea
Runner — Nay
Liu — Yea
McLeod — Yea
Ducheny — Yea
Dutton — Nay
Oropeza — Yea
Pavley — Yea
Price — Yea
Ashburn — Nay
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Not Voting
Wright — Yea
Aanestad — Nay
Alquist — Yea
Harman — Nay
Wolk — Yea
Wyland — Nay
Cogdill — Nay
Correa — Nay
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Cogdill — Nay
Hancock — Yea
Huff — Nay
Steinberg — Yea
Wright — Yea
Leno — Yea
Cedillo — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1449 do?
Existing law provides that, except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than $100. This same penalty is imposed for the crime of possessing not more than 28.5 grams of marijuana while driving on a highway or on lands, as specified. Existing law provides with respect to these offenses that, under specified conditions, (1) the court shall divert and refer the defendant for education, treatment, or rehabilitation, as specified, and (2) an arrested person who gives satisfactory evidence of identity and a written promise to appear in court shall not be subjected to booking. This bill would provide that any person who commits any of the above offenses is instead guilty of an infraction punishable by a fine of not more than $100. This bill would eliminate the above-described provisions relating to booking and to diversion and referral for education, treatment, or rehabilitation.
Who sponsors SB 1449?
SB 1449 is sponsored by Leno.
What is the current status of SB 1449?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1449?
Track SB 1449 free on One Click Politics — get push/email alerts when it moves.

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