Section 105-386; Ord. 18188; Calling a special election in the City of Columbia, Missouri, to be held on Tuesday, November 2, 2004, to consider an initiative ordinance to establish marijuana law enforcement policy


Ordinance No.            018188                      Council Bill No. B 246-04           


AN ORDINANCE

calling a special election in the City of Columbia, Missouri, to be held on Tuesday, November 2, 2004, to consider an initiative ordinance to establish marijuana law enforcement policy; directing notification of the election authority; describing the form of the notice of election; 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.  A special election is hereby ordered to be held in the City of Columbia, Missouri, on Tuesday, November 2, 2004, on the following question:

PROPOSITION 2

SHALL THE PROPOSED INITIATIVE ORDINANCE ESTABLISHING MARIJUANA LAW ENFORCEMENT POLICY BE PASSED?

UNDER THE PROPOSED ORDINANCE, ENFORCEMENT OF LAWS AGAINST MARIJUANA WOULD BE THE LOWEST LAW ENFORCEMENT PRIORITY.  ADULTS WOULD NOT BE ARRESTED FOR POSSESSION OF LESS THAN 35 GRAMS OF MARIJUANA BUT COULD BE GIVEN A SUMMONS TO APPEAR IN MUNICIPAL COURT.  MARIJUANA CASES INVOLVING LESS THAN 35 GRAMS OF MARIJUANA COULD BE PROSECUTED ONLY AS CITY ORDINANCE VIOLATIONS.   THE ORDINANCE WOULD CREATE A STRONG PRESUMPTION THAT MUNICIPAL MARIJUANA CASES SHOULD BE DISPOSED OF BY DEFERRING PROSECUTION, SUSPENDING IMPOSITION OF SENTENCE, REQUIRING COMMUNITY SERVICE OR UNDERGOING DRUG COUNSELING AND EDUCATION.  THE MAXIMUM PUNISHMENT FOR A MARIJUANA ORDINANCE VIOLATION WOULD BE $250.  

    SECTION 2.  The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Boone County, Missouri, of the adoption of this ordinance no later than 5 o'clock p.m. on August 24, 2004, and to include in the notification all of the terms and provisions required by Chapter 115, RSMo. 1994, as amended.

    SECTION 3.  The form of the notice of election shall be substantially as set forth on "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 4.  The election shall be held and conducted, and the results thereof canvassed and returned, in all respects in accordance with the laws of the State of Missouri and the Charter and Ordinances of the City of Columbia, Missouri.

    SECTION 5.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 2nd day of August, 2004.