Senate Bill No. 314 Summary

• Legalizes possession of less than 2 ounces of marijuana as a Class C infraction; possession of more than 2 ounces is a Class B misdemeanor, escalating to Class A misdemeanor with two or more prior marijuana convictions in the past 5 years.

• Requires courts to suspend sentences for marijuana possession if the offender has no prior marijuana conviction in the past 5 years, and to defer sentences if the person pleads guilty to misdemeanor marijuana possession.

• Makes sale or delivery of more than 2 ounces of marijuana a Class A misdemeanor, with Level 6 or Level 5 felony penalties under certain circumstances; provides a defense if delivery of less than 10 pounds occurs for no consideration.

• Authorizes licensed cultivation and production of industrial hemp with THC concentration not exceeding 0.3% on a dry weight basis, regulated by the Department of Agriculture.

• Reduces penalties for maintaining a common nuisance to Class A misdemeanor if only marijuana, hashish, or hash oil are involved; repeals the controlled substance excise tax; and allows certain marijuana dealing misdemeanor offenders to participate in forensic diversion programs.