Freedom Card
Medical marijuana
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.
Editor's note--Ord. No. 18187, passed by city council on August 2, 2004, called for
election; said ordinance was passed by the voters on November 2, 2004.
(Ord. Passed by Voters; 11-2-04; Proposition 1, Added, 11/02/2004)
Policies for enforcing marijuana offenses
The purpose of this section is to ensure that adults as defined by state criminal
statutes 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.
When any law enforcement officer suspects any adult as defined by state criminal
statutes 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 (250) dollars. There shall be a strong presumption that
the proper disposition of any such case is to defer prosecution or 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 the adult is
also charged with a felony offense arising from the same set of facts and
circumstances.
(Ord. No. 18188, ? 1, 8-2-04)
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.
(Ord. Passed by Voters; 11-2-04; Proposition 2, Added, 11/02/2004)
Incarceration / Fine
Possession or Trafficking
35 g or less misdemeanor 1 year $1,000
35 g to 30 kg felony 7 years $5,000
30 to 100 kg (trafficking) felony 5 - 15 years $5,000 - $20,000
100 kg or more (trafficking) felony 10 years - life $5,000 - $20,000
Sale or Cultivation
5 g or less felony 7 years $5,000
5 g to 30 kg felony 5 - 15 years $5,000 - $20,000
30 to 100 kg felony 10 years - life $5,000 - $20,000
100 kg or more felony 10 years - life* $5,000 - $20,000
Sale to a minor felony 5 - 15 years additional $5,000 - $20,000
Sale within 2,000 feet of school or 1,000 feet of public housing felony 10 years - life
$5,000 - $20,000
*No probation or parole.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia possession misdemeanor 1 year $1,000
Paraphernalia sale felony 5 years $5,000
Details
Possession of 35 grams or less of marijuana is a misdemeanor, punishable by up to one
year in jail and a fine up to $1,000. Possession of greater than 35 grams is a felony and
is punishable by up to seven years in prison and a fine of up to $5,000. Possession of
greater than 30 kilograms is considered trafficking and the penalty is 5 - 15 years in
prison. Possession of 100 kilograms or more carries a penalty of 10 years - life in prison.
Sale or manufacture of 5 grams or less of marijuana is a felony, punishable by up to
seven years in prison and a fine of up to $5,000. Sale of greater than 5 grams carries a
penalty of 5 - 15 years in prison. Sale of greater than 30 kilograms is punishable by 10
years - life in prison and sale of 100 kilograms or more is punishable by 10 years - life in
prison with no probation or parole.
Any sale to a minor increases the penalties by 5 - 15 years in prison. Any sale within
2,000 feet of a school or within 1,000 feet of a public housing project increases the
penalties to 10 years - life in prison.
The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail
and a fine of up to $1,000. The sale of paraphernalia is punishable by up to 5 years in
prison and a fine of up to $5,000.
Senate Bills 5 and 21 altered the state's forfeiture laws. Most notably, they require that
law enforcement report all seizures to the prosecuting attorney or the Attorney
General, who must then make an annual report of the activity to the department of
Public Safety and the State Auditor. In addition, no property may be transferred to a
federal agency without judicial approval, and any agency making a seizure must file an
annual audit with the state auditor's office. Failure to comply, is punishable by a fine of
up to $1,000.
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