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HI HB455
Bill
Status
1/22/2013
Primary Sponsor
Joseph Souki
Click for details
AI Summary
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Decriminalizes possession of one ounce or less of marijuana by converting it from a criminal offense to a civil violation with a maximum fine of $100.
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Establishes a civil adjudicatory process through district courts allowing violators to admit the violation and pay the fine by mail, phone, or internet without appearing in court.
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Allows violators to contest the violation at a hearing before a judge using the preponderance of the evidence standard, with no requirement for the issuing officer to appear unless the defendant requests it.
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Permits defendants to request a trial within 30 days of judgment with full evidentiary rules and right to prosecuting attorney representation, with statements made during civil proceedings inadmissible in any related criminal cases.
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Modifies existing drug statutes to distinguish between possession of one ounce or less of marijuana (civil violation) and larger amounts (criminal charges), while preserving the affirmative defense for medical marijuana use and exempting DUI and distribution laws from changes.
Legislative Description
Marijuana; Possession; Violation
Last Action
Referred to PBS, JUD, referral sheet 3
1/22/2013