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Warning! This is a not the current version of this legislative bill.
Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)

INTRODUCED BY Assembly Member Ammiano

FEBRUARY 18, 2011

An act to amend Section 11358 of the Health and Safety Code,
relating to marijuana cultivation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1017, as introduced, Ammiano. Marijuana cultivation: reduced
penalty.
Existing law requires that every person who plants, cultivates,
harvests, dries, or processes any marijuana, or any part thereof,
except as otherwise provided by law, be punished by imprisonment in
the state prison.
This bill would make that crime punishable by imprisonment in a
county jail for a period of not more than one year or by imprisonment
in the state prison. By changing the penalty for this crime to
authorize imprisonment in a county jail, the 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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. Every person who plants, cultivates, harvests, dries, or
processes any marijuana or any part thereof, except as otherwise
provided by law, shall be punished by imprisonment in a county
jail for a period of not more than one year or by imprisonment in
the state prison.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.