SB 347 Summary

• Decriminalizes marijuana possession under 3 ounces as a Class C infraction; possession of 3+ ounces is a Class B misdemeanor, escalating to Class A misdemeanor with 2+ prior marijuana convictions in 5 years.

• Creates new offense of dealing in marijuana: delivery of 3+ ounces is Class A misdemeanor, with Class D felony for amounts over 2 pounds or prior convictions, and Class C felony for 10+ pounds.

• Establishes defense allowing delivery of under 10 pounds of marijuana without criminal liability if given for no consideration.

• Permits courts to suspend sentences for first-time marijuana possession offenders and requires sentence deferral for guilty pleas to misdemeanor marijuana possession.

• Makes public use or display of marijuana a Class B misdemeanor (Class A if 2+ prior marijuana convictions in 5 years) and reduces maintaining common nuisance involving only marijuana/hashish/hash oil to Class A misdemeanor instead of felony.

• Specifies operating vehicle with inactive metabolite of marijuana does not violate impaired driving laws; active metabolites remain criminal.

• Repeals controlled substance excise tax and makes conforming amendments to commercial driver licensing and professional licensing statutes.

• Effective July 1, 2012.