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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 Section 608 of Chapter 1 of Tile XI of the Pueblo Municipal Code is repealed and a new Section 608 of Chapter 1 of Title XI of the Pueblo Municipal Code is enacted to read as follows: [ Sec. 11-1-608.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.