Section 105-375; Defeated B243-04; Amending Chapter 16 of the City Code by adding a section to Division 23 relating to medical marijuana and paraphernalia cases in the Municipal Court


Ordinance No.           Defeated                       Council Bill No. B 243-04            


AN ORDINANCE

amending Chapter 16 of the City Code by adding a section to Division 23 relating to medical marijuana and paraphernalia cases in the Municipal Court; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  Chapter 16 of the Code of Ordinances of the City of Columbia, Missouri, is amended by adding the following:

Material to be added underlined.

Sec. 16-255.1  Medical marijuana.

     (a)    The purpose of this section is to ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possessing, and/or using medicinal marijuana and/or paraphernalia used to consume medicinal marijuana.

     (b)    Seriously ill adults who obtain and use marijuana and/or marijuana paraphernalia for medicinal purposes pursuant to the recommendation of a physician shall not be subject to arrest, prosecution, punishment or sanction.  Physicians who recommend marijuana for their patients shall not be subject to  arrest, prosecution, punishment or sanction.  If an adult obtains a physician’s recommendation for marijuana use after an arrest, such charges shall be dismissed.  If this provision is held invalid, then a maximum fine of fifty (50) dollars may be imposed.  There shall be a strong presumption that the appropriate disposition is to defer prosecution or to suspend imposition of sentence.  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 the adult is also charged with a felony offense arising from the same set of facts and circumstances. The term “seriously ill adults” shall include patients who suffer from side-effects of the treatment of cancer, HIV/AIDS or symptoms of multiple sclerosis, glaucoma, arthritis, migraine headaches, chronic severe pain, or any other serious condition for which marijuana provides relief and for which a duly-licensed physician has recommended such use.

     (c)    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.

     (d)    Any city ordinance or regulation that is inconsistent with this section shall be null and void.

    SECTION 2.  This ordinance shall be in full force and effect from and after its passage.

    DEFEATED this 2nd day of August, 2004.