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HI HB455

Bill

Status

Introduced

1/22/2013

Primary Sponsor

Joseph Souki

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Public Safety1/22/2013

Full Bill Text

No bill text available