Bill Text: CA AB1725 | 2021-2022 | Regular Session | Amended
Bill Title: Illegal cultivation of cannabis.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-15 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1725 Detail]
Download: California-2021-AB1725-Amended.html
|
Amended
IN
Assembly
March 09, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1725
| Introduced by Assembly Member Smith |
January 27, 2022 |
An act to amend Section 11358 of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1725, as amended, Smith.
Illegal cultivation of cannabis.
Existing law, the California Uniform Controlled Substances Act (the act), as amended by the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), enacted by the voters at the November 8, 2016, statewide general election, makes it a crime to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants without a commercial cannabis license. The act makes those actions a misdemeanor for a person over 18 years of age but less than 21 years of age and a misdemeanor for a person over 18 years of age, misdemeanor unless specified conditions exist, including various prior offenses, in which case the actions may be punished as a felony.
The act additionally makes it an infraction for a person less than 21 years of age to plant, cultivate, harvest, dry, or process less than 6 living cannabis plants, and makes a person less than 18 years of age who violates those provisions additionally subject to drug education and counseling and community service.
AUMA authorizes the Legislature to amend its provisions with a 2/3 vote of both houses to further its purposes and intent.
This bill would amend AUMA to make it a felony, punishable by 16 months or 2 or 3 years in county jail, for a person over 18 years of age to plant, cultivate, harvest, dry, or process more than 6 living cannabis plants. The bill would additionally make it a felony, punishable by
16 months or 2 or 3 years in county jail, for a person at least 18 years of age but less than 21 years of age to plant, cultivate, harvest, dry, or process less than 6 living cannabis plants. By increasing the penalty for a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11358 of the Health and Safety Code is amended to read:11358.
Each person who plants, cultivates, harvests, dries, or processes cannabis plants, or any part thereof, except as otherwise provided by law, shall be punished as follows:(a) Each person under the age of 18 who plants, cultivates, harvests, dries, or processes any cannabis plants shall be punished in the same manner provided in paragraph (1) of subdivision (b) of Section 11357.
(b) Each person at least 18 years of age but less than 21 years of age who plants, cultivates, harvests, dries, or processes not more than six living cannabis plants shall be guilty
of
a felony, punishable pursuant to subdivision (h) of Section 1170 of the Penal Code.
(c) Each person 18 years of age or over who plants, cultivates, harvests, dries, or processes more than six living cannabis plants shall be guilty of a felony, punishable pursuant to subdivision (h) of Section 1170 of the Penal Code.
