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HomeMy WebLinkAbout08318ORDINANCE NO. 8318 AN ORDINANCE AMENDING CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE PERTAINING TO OFFENSES INVOLVING THE POSSESSION OF SMALL QUANTITIES OF MARIJUANA AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted; underscoring indicates new matter being added) SECTION 1. Section 11-1-608 of Chapter 1, Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-1-608. Possession of cannabis. (a) As used in this Section, cannabis means and includes: all parts of , and , the plant Cannabis sativa L., Cannabis indicaCannabis ruderalis whether growing or not, the fertile seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its fertile seeds or resin. The term shall not include the mature stalks of such plant, fiber produced from its stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparations of its mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (b) Any person who possesses or openly and publicly displays or [] two (2) ounces consumes not more than one (1) ounce of cannabis shall be guilty of a Class 2 municipal offense. Any person who possesses or openly and publicly displays or (c) consumes more than two (2) ounces of cannabis, but not more than twelve (12) ounces of cannabis, shall be guilty of a Class 1 municipal offense. [] (d) apply This Section shall not be applicable to any person licensed or authorized to possess cannabis pursuant to the laws of Colorado or the United while possessing or using same in accordance with the States requirements and limitations of such license or authorization . SECTION 2. Violations of this ordinance shall be punished as provided in Section 11-1-103, Pueblo Municipal Code, as amended. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED: February 14, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APROVED: February 28, 2011 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM February 14, 2011 # R-6 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE: AN ORDINANCE AMENDING CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE PERTAINING TO OFFENSES INVOLVING THE POSSESSION OF SMALL QUANTITIES OF MARIJUANA AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE: Should the City Council amend the ordinances pertaining to possession of small quantities of marijuana to make them consistent with state law? RECOMMENDATION: Adopt the ordinance. BACKGROUND: In 2010 the Colorado General Assembly amended C.R.S §18-18-406 to provide that possession of two ounces or less of marijuana would constitute a class one petty offense, possession of more than two, but less that six ounces of marijuana would constitute a class two misdemeanor, and possession of more than six ounces, but less than twelve ounces of marijuana would constitute a class one misdemeanor. Possession of more than twelve ounces of marijuana is a felony. H.B. 10-1352, Session Laws of Colorado 2010, §27, Ch. 259. Currently, Pueblo Municipal Court does not exercise jurisdiction over any offender possessing more than one (1) ounce, but less than twelve (12) ounces of marijuana. With the change in state law, the Municipal Court could exercise authority over these non-felony offenders. The proposed ordinance makes Pueblo Municipal Code §11-1-608 consistent with state law regarding possession of up to two ounces of marijuana by prescribing a fine only for this offense. The proposed ordinance also asserts jurisdiction over offenders possessing more than two ounces, but less than twelve ounces of marijuana, and treats these offenders in a manner similar to state offenders of the same type, by providing for fine and imprisonment for these offenses. Finally, the proposed ordinance brings two additional species of cannabis that are used recreationally within the scope of the ordinance. The ordinance has been reviewed by the Chief of Police, the District Attorney, and the Municipal Judge. The Chief and the Municipal Judge support the ordinance and the District Attorney has no objection to the ordinance. FINANCIAL IMPACT: Unknown.