05/03/2005 08:30 AM Senate JUDICIARY

                                                                                                                                
          SB 74-CRIMES INVOLVING MARIJUANA/OTHER DRUGS                                                                      
                                                                                                                                
4:48:42 PM                                                                                                                    
CHAIR RALPH SEEKINS  announced SB 74 to be  up for consideration.                                                               
He advised the committee was working off Version \A.                                                                            
                                                                                                                                
4:51:07 PM                                                                                                                    
MR. DEAN  GUANELI, chief  assistant attorney  general, Department                                                               
of  Law  (DOL), commented  in  the  last meeting  Senator  French                                                               
proposed  a committee  substitute to  the bill  (Version \G).  He                                                               
proposed an amendment to Version \A.                                                                                            
                                                                                                                                
4:52:51 PM                                                                                                                    
SENATOR HOLLIS FRENCH moved Amendment 2.                                                                                        
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
     Delete Section 3 of the bill and re-number bill sections                                                                   
accordingly.                                                                                                                    
     Page 6, line 20:                                                                                                           
          Change "aggregate weight of one-half ounce or more" to                                                                
          read "aggregate weight of less than one ounce [ONE-                                                               
          HALF OUNCE OR MORE]"                                                                                                  
     Page 6, delete lines 22-25                                                                                                 
Do not renumber paragraphs.                                                                                                     
     Page 7, delete lines 22-25 and re-number paragraphs                                                                        
accordingly.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS objected for discussion.                                                                                          
                                                                                                                                
MR.  GUANELI  explained the  amendment  would  remove Section  3,                                                               
which experienced the most resistance.                                                                                          
                                                                                                                                
4:55:40 PM                                                                                                                    
MR. GUANELI continued possession  of smaller amounts of marijuana                                                               
should be a misdemeanor.                                                                                                        
                                                                                                                                
4:57:42 PM                                                                                                                    
The next bullet  on the amendment would repeal  the provisions on                                                               
lines 22-25 so less than  one-half ounce provision goes away. The                                                               
final change deletes language about  growing or selling less than                                                               
one-half ounce of marijuana.                                                                                                    
                                                                                                                                
4:59:25 PM                                                                                                                    
The affect of the amendment is  what is now a class B misdemeanor                                                               
becomes a class A misdemeanor.                                                                                                  
                                                                                                                                
5:02:40 PM                                                                                                                    
SENATOR GENE  THERRIAULT asked  the number  of cigarettes  in one                                                               
ounce of marijuana.                                                                                                             
                                                                                                                                
MR. GUANELI responded it was approximately one hundred.                                                                         
                                                                                                                                
5:04:33 PM                                                                                                                    
Chair  Seekins   removed  his   objection.  Hearing   no  further                                                               
objections, Amendment 2 was unanimously adopted.                                                                                
                                                                                                                                
Chair Seekins announced a brief recess at 5:05:14 PM.                                                                         
Chair Seekins reconvened the meeting at 5:08:42 PM.                                                                           
                                                                                                                                
SENATOR FRENCH withdrew his  proposed committee substitute, which                                                               
was Version \G.                                                                                                                 
                                                                                                                                
CHAIR SEEKINS held SB 74 in committee.