- House Bill 39 sponsored by Rep. Helene Keeley.
- Status: Referred to Public Safety & Homeland Security Committee as of January 29, 2015.
- Summary: The purpose of this bill is to decriminalize the possession or private use of a personal use quantity of marijuana.
- More specifically, persons who possess one ounce or less of marijuana shall be assessed a civil penalty that will not become part of a criminal record and must forfeit the marijuana.
- Likewise, the private use or consumption of less than an ounce of marijuana shall be punishable by a civil penalty.
- Persons charged with one of these civil violations are not subject to incarceration.
- Furthermore, under Section 2 of this bill the public use or consumption of an ounce or less of marijuana will be an unclassified misdemeanor punishable by a fine of not more than $200 or imprisonment for not more than 5 days.
- This penalty is in line with the penalty for possession or consumption of an open container of alcohol in most municipalities in the state.
- This bill does not in any manner modify Title 21 driving offenses nor does it prohibit municipal regulation of marijuana use, consumption, or possession.
- A person charged or assessed a civil violation in connection with a personal use quantity of marijuana cannot also be charged with possession of drug paraphernalia.
- A person who is not charged with personal use quantity of marijuana possession can still be charged or assessed a civil violation of possession of drug paraphernalia.
- This bill does not repeal or modify existing laws relating to medical marijuana or penalties for the operation of motor vehicles under the influence.