RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION IN SUPPORT OF SENATE BILL 131 (SHER) REGARDING POSSESSION PENALTIES FOR MARIJUANA

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, current law provides a misdemeanor for possession of 28.5 grams or less of marijuana, with a maximum penalty of a $100 fine without the possibility of time in jail; and

WHEREAS, a defendant is afforded a trial by a judge or jury and potentially appointed counsel, despite the fact that this misdemeanor has "infraction-like" penalties; and

WHEREAS, Senate Bill 131, in its current form, would make marijuana possession of 28.5 grams or less an infraction (with the existing $100 maximum fine) for the first offense. For a second offense or subsequent offense, a defendant could be charged with either an infraction or misdemeanor. For a third or subsequent offense within two years of a prior conviction, a defendant would be charged with a misdemeanor and the case can be subject to a deferred entry of judgment or diversion drug treatment statutes; and

WHEREAS, support of Senate Bill 131 (Sher) would help the County provide responsive, effective and collaborative government and work toward Goal #20-to ensure that government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain;

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the San Mateo County Board of Supervisors by the adoption of this resolution hereby supports Senate Bill 131 (Sher) which would, in part, make marijuana possession of 28.5 grams or less an infraction (with the existing $100 maximum fine) for the first offense.

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