HomeMy WebLinkAbout08592ORDINANCE NO. 8592
AN ORDINANCE REPEALING SECTION 608 OF
CHAPTER 1 OF TITLE XI OF THE PUEBLO MUNICIPAL
CODE RELATING TO CANNABIS AND ENACTING A
NEW SECTION 608 AND AMENDING AND
REENACTING SECTION 609 OF CHAPTER 1 OF TITLE
XI OF THE PUEBLO MUNICIPAL CODE RELATING TO
DRUG PARAPHERNALIA AND PROHIBITED ACTS, AND
PROVIDING PENALTIES FOR THE VIOLATION
THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 608 of Chapter 1 of Tile XI of the Pueblo Municipal Code is repealed and
a new Section 608 of Chapter 1 of Title XI of the Pueblo Municipal Code is enacted to
read as follows:
[
Sec. 11-1-608. Possession of cannabis.
(a) As used in this Section, cannabis means and includes: all parts of
the plant Cannabis sativa L., Cannabis indica and Cannabis 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
consumes not more than two (2) ounces of cannabis shall be guilty of a Class 2
municipal offense.
(c) Any person who possesses or openly and publicly displays or
consumes more than two (2) ounces of cannabis, but not more than twelve (12)
ounces of cannabis, shall be guilty of a Class 1municipal offense.
(d) This Section shall not apply to any person licensed or authorized to
possess cannabis pursuant to the laws of Colorado or the United States while
possessing or using same in accordance with the requirements and limitations of
]
such license or authorization.
Sec. 11-1-608. Marijuana, Prohibited Acts.
(a) As used in this Section, means all parts of the plant
marijuana
of the genus cannabis whether growing or not, the seeds thereof, the resin
extracted from any part of the plant, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds, or its resin,
including marijuana concentrate. This term shall not include industrial
hemp, nor does it include fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable
of germination, or the weight of any other ingredient combined with
marijuana to prepare topical or oral administrations, food, drink, or other
product. As used in this Section, means concentrated
marijuana products
marijuana products and marijuana products that are comprised of
marijuana and other ingredients and are intended for use and
consumption, such as, but not limited to, edible products, ointments, and
tinctures.
(b) It shall be unlawful and a Class 1 municipal offense for any
person to smoke, consume or use marijuana or marijuana products openly
and publicly or in a manner that endangers others.
(c) It shall be unlawful and a Class 1 municipal offense for any
person under twenty-one (21) years of age to possess, smoke, consume or
use marijuana or marijuana products; provided, however, this Subsection
(c) shall not apply to any person licensed or authorized to possess or use
marijuana or marijuana products pursuant to the laws of Colorado or the
United States while possessing or using same in accordance with the
requirements and limitations of such license or authorization.
(d) It shall be unlawful and a Class 1 municipal offense for any
person twenty-one (21) years of age or older to possess more than one (1)
ounce of marijuana; provided, however, this Subsection (d) shall not apply
to any person licensed or authorized to possess marijuana pursuant to the
laws of Colorado or the United States while possessing same in
accordance with the requirements and limitations of such license or
authorization.
SECTION 2.
Section 609 of Chapter 1 of Tile XI of the Pueblo Municipal Code is amended
and reenacted to read as follows:
Sec. 11-1-609. Possession of drug paraphernalia.
(a) Definition. As used in this Section, drug paraphernalia means all
equipment, products and materials of any kind which are used, intended for use
or designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human body a
controlled substance in violation of the laws of the State. Drug paraphernalia
includes, but is not limited to:
(1) Testing equipment used, intended for use or designed for
use in identifying or in analyzing the strength, effectiveness or purity of
controlled substances under circumstances in violation of the laws of the
State;
(2) Scales and balances used, intended for use or designed for
use in weighing or measuring controlled substances;
(3) Separation bins and sifters used, intended for use or
designed for use in removing twigs and seeds from or in otherwise
cleaning or refining marijuana;
(4) Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in compounding controlled
substances;
(5) Capsules, balloons, envelopes and other containers used,
intended for use or designed for use in packaging small quantities of
controlled substances;
(6) Containers and other objects used, intended for use or
designed for use in storing or concealing controlled substances; or
(7) Objects used, intended for use or designed for use in
ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish
or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent screens,
hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold
burning material, such as a marijuana cigarette that has become
too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chillers.
As used in this Section, means any
marijuana accessories
equipment, products, or materials of any kind which are used, intended for
use, or designed for use in planting, propagating, cultivating, growing,
harvesting, composting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana into the human body.
(b) Evidentiary consideration.
(1) In determining whether an object is drug paraphernalia, a
court, in its discretion, may consider, in addition to all other relevant
factors, the following:
a. Statements by an owner or by anyone in control of the
object concerning its use;
b. The proximity of the object to controlled substances;
c. The existence of any residue of controlled substances
on the object;
d. Instructions, oral or written, provided with the object
concerning its use;
e. Descriptive materials accompanying the object which
explain or depict its use;
f. The existence and scope of legal uses for the object in
the commodity; and
g. Expert testimony concerning its use.
(2) In the event a case brought pursuant to this Section is tried
before a jury, the Court shall hold an evidentiary hearing on issues
raised pursuant to this Section. Such hearing shall be conducted in
camera.
(c) Possession prohibited. It is unlawful and a Class 2 municipal
offense for:
under twenty-one (21) years of age
(1) any person to
possess drug paraphernalia when said person knows or reasonably
should know that the drug paraphernalia could be used under
of Colorado.
circumstances in violation of the laws of the State
(2) any person twenty-one (21) years of age or older to
possess drug paraphernalia, other than marijuana accessories,
when said person knows or reasonably should know that the
drug paraphernalia could be used under circumstances in violation
of the laws of the State of Colorado.
SECTION 3.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED: May 13, 2013
BY: Chris Kaufman
PASSED AND APPROVED: May 28, 2013
Background Paper for Proposed
ORDINANCE
DATE:AGENDA ITEM # R-3
May 13, 2013
DEPARTMENT:
Law Department
Daniel C. Kogovsek, City Attorney
TITLE
AN ORDINANCE REPEALING SECTION 608 OF CHAPTER 1 OF TITLE XI OF THE
PUEBLO MUNICIPAL CODE RELATING TO CANNABIS AND ENACTING A NEW
SECTION 608 AND AMENDING AND REENACTING SECTION 609 OF CHAPTER 1
OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO DRUG
PARAPHERNALIA AND PROHIBITED ACTS, AND PROVIDING PENALTIES FOR
THE VIOLATION THEREOF
ISSUE
Should the City Council update the Municipal Code in a manner that conforms with
Amendment 64?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
Pursuant to voter approval of Section 16 of Article XVIII of the Colorado Constitution,
being known as Amendment 64, Use and Regulation of Marijuana (“Amendment”), it
shall not be an offense under local or state law for an individual age twenty-one years or
older to possess or consume marijuana or marijuana products or to possess marijuana
accessories. The Amendment specifically excludes, however, consumption that is
conducted openly and publicly or in a manner that endangers others. The proposed
Ordinance amends the current provisions of the Pueblo Municipal Code relating to
marijuana, marijuana products, and drug paraphernalia to be consistent with the
Amendment.
FINANCIAL IMPACT
None.