Section 16-255.2 Policies for enforcing marijuana offenses.

(a) The purpose of this section is to ensure that adults as defined by state criminal statutes , other than those excluded herein, are not arrested and suffer only a fine and/or community service or counseling and no other punishment or penalty, for the possession of a misdemeanor amount of marijuana and/or marijuana paraphernalia. This section shall be liberally construed for the accomplishment of these purposes.

(b) When any law enforcement officer suspects any adult as defined by state criminal statutes , other than those excluded herein, of possession of a misdemeanor amount of marijuana and/or possession of marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, be taken into custody for any purpose nor detained for any reason other than the issuance of a summons, suffer incarceration, suffer loss of driver's license, or any other punishment or penalty other than the issuance of a summons and, if found guilty, a fine of up to two hundred fifty dollars ($250.00). There shall be a strong presumption that the proper disposition of any such case is to suspend the imposition of sentence and/or require community service work and/or drug counseling and education. All such matters shall only be referred to the municipal prosecuting attorney, and no other prosecuting attorney, and the municipal prosecuting attorney shall not refer the matter to any other prosecutor, agency, or office, unless provisions of Subsection (c) are applicable .

(1) Who have been found guilty of a felony within the preceding ten (10) years; or

(2) Who have been found guilty in a state court of a Class A misdemeanor, other than misdemeanor marijuana possession or misdemeanor possession of marijuana paraphernalia, within the preceding five (5) years; or

(3) Who have been found guilty in a state or municipal court of misdemeanor marijuana possession on two or more prior occasions within the preceding five (5) years; or

(4) Who are arrested on suspicion of any felony or misdemeanor offense chargeable only under state law, arising from the same set of facts and circumstances as the alleged marijuana offense.

( d ) The provisions of this section are severable. If any provision of this section is declared invalid, that invalidity shall not affect other provisions of the section which can be given effect without the invalid provision.

( e ) Any city ordinance or regulation that is inconsistent with this section shall be null and void and is hereby repealed effective immediately .

( f ) The message of this section is that people should not use marijuana, but should also not lose opportunities for education and employment because of such use. The limited resources of law enforcement should be directed primarily toward crimes of violence or property loss. The enforcement of laws against marijuana shall be among the lower priorities of law enforcement.

(Ord. No. 18188, § 1, 8-2-04 ; Ord. No. 18916, § 1, 2-20-06 )

Editor's note--Ord. No. 18188, passed by city council on August 2, 2004, called for election; said ordinance was passed by the voters on November 2, 2004.