The state Senate narrowly voted today to reclassify possession of less than an ounce of marijuana as an infraction with a penalty of $100 rather than its current status as a misdemeanor with the same fine.
Possession of a less than an ounce of pot has "unique status" under current California law because it is the only misdemeanor that is not punishable by jail time, said Sen. Mark Leno, D-San Francisco, author of Senate Bill 1449.
"That's an infraction, by definition. All this bill does is call it what it is -- an infraction," Leno said. "It doesn't change the penalties."
Leno said the bill makes sense because a defendant accused of a misdemeanor has the right to request a jury trial, even if the maximum penalty that can be imposed is a $100 fine.
"Our courts are clogged," Leno said, and it's a "waste of time" and resources to try someone for possession of less than an ounce of marijuana.
Supporters of the bill included the California Judicial Council and the California District Attorneys Association. Opponents included the California Narcotics Officers Association and the California Police Chiefs Association.
Leno's bill ill passed the Senate with the minimum required votes of 21. Thirteen senators voted against it, and six didn't vote.
The bill won't become law unless the Assembly approves it and the governor signs it.
Misdemeanor marijuana possession arrests have increased, reaching 61,388 in 2008, Leno said.
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