Marijuana Arrests at All-Time High in CA

Last year’s 78,514 marijuana arrests in California set a record for both felonies and misdemeanors. The vast majority of these arrests were for misdemeanor marijuana possession.  That number had hovered around 55,000 a year for most of the last decade; last year it was closer to 61,000.

What happens if you are busted for possession of less than one ounce of bud?

Just like real estate, location or venue means everything.  In Berkeley, the courts try to process these cases as a part of their traffic court calendar, treating them as infractions.  In San Francisco, Richmond, and some other Bay Area cities, the cops usually just cite and release.  In some Marin counties, however, and elsewhere, an arrest and detention may ensue.

Consequences of a guilty plea also vary.

A guilty plea means a criminal record for at least two years, at which time it can be expunged.  Alternatively, courts in Sonoma, Contra Costa and some other counties will commonly “divert” the defendant to a drug program, generally an expensive and time consuming ordeal.

An average of 13,500/year CA felony marijuana arrests have been made in the last decade, on top of misdemeanor arrests.  While marijuana arrests are peaking, arrests for other drug offenses are declining.  Dangerous drug felony charges have dropped by half in the last six years, for instance.

Passage of Proposition 9 should stop CA law enforcement from criminalizing people for consuming small amounts of a substance healthier for them and safer for others than alcohol. Passage would reallocate law enforcement and court system resources to where they are vastly more needed to protect our communities. Passage, however, is uncertain at this time.