SB149 Summary

• Redefines unlawful possession of marijuana in the first degree as possessing two or more ounces of marijuana, with penalties based on number of prior convictions within five years: first conviction ($250 fine), second conviction ($500 fine), third or subsequent conviction (Class D felony, $750 fine).

• Redefines unlawful possession of marijuana in the second degree as possessing less than two ounces of marijuana, changing the penalty from Class A misdemeanor to a violation punishable by fine only, not to exceed $250.

• Allows persons charged with, found not guilty of, or convicted of either degree of unlawful marijuana possession to petition for expungement of records if they have not been convicted of any other felony, misdemeanor, or violation (excluding minor traffic violations) within the previous five years.

• Directs all fines and forfeitures collected for violations of both sections to be deposited into the State General Fund.

• Becomes effective on the first day of the third month following passage and approval by the Governor.