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HI SB1460
Bill
AI Summary
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Establishes possession of one ounce or less of marijuana as a civil violation subject to a fine not exceeding $100, rather than a criminal offense.
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Creates a civil adjudicatory process through district courts allowing violators to admit the violation with payment, deny and request a hearing, or face default judgment, with preponderance of evidence as the standard of proof.
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Exempts possession of one ounce or less of marijuana from school board crime reporting requirements, parole substance abuse treatment mandates, and probation violation treatment requirements.
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Clarifies that medical marijuana patients and primary caregivers may assert medical use as an affirmative defense to civil violations under the new section 329-A.
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Excludes one ounce or less of marijuana from the definition of "detrimental drug" and from offenses of promoting detrimental drugs in the second and third degrees; civil violations do not count as prior offenses for conditional discharge eligibility.
Legislative Description
Marijuana; Civil Penalties for Possession of One Ounce or Less
Last Action
(H) Referred to HLT/PBM, JUD, referral sheet 33
3/10/2011