Ordinance NO. 2011-1

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2011-1

TITLE: AN ORDINANCE AMENDING SECTION 10-6-30 OF THE MOUNTAIN VIEW MUNICIPAL CODE CONCERNING THE POSSESSION OF TWO OUNCES OR LESS OF MARIJUANA

WHEREAS, The Colorado General Assembly has amended C.R.S. § 18-18-406(1) making it a class 2 petty offense to possess two (2) ounces or less of marijuana; and

WHEREAS, in order to be consistent with state Jaw, the Town Council has determined to make conforming changes to its existing general offenses concerning possession of cannabis regulations in Article 6, Chapter 10, of the Mountain View Municipal Code.

NOW, THEREFORE, THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. Section 10-6-30, of the Mountain· View Municipal Code is hereby repealed and reenacted to read as follows:

Sec. 10-6-30. Possession of marijuana

(a) For the purposes of this Section, the term marijuana shall include all parts of the plant Cannabis Sativa L., whether growing or not; the seed thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from its stalks, oil or cake, or the sterilized seed of such plant, which is incapable of germination. The term marijuana concentrate means hashish, tetrahydrocannabinols , or any alkaloid, salt derivative, preparation, compound or mixture, whether natural or synthesized or tetrahydrocannabinols.

(b) It is unlawful to possess, consume or use two (2) ounces or less of marijuana or marijuana concentrate; and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00).

(c) It is unlawful to openly and publicly display, consume or use two (2) ounces or less of marijuana or marijuana concentrate; and upon conviction thereof, or a plea of guilty or no contest thereto, punishment shall be by a fine o f one hundred dollars ($100.00), and by imprisonment not exceeding fifteen (15) days.

(d) It shall be unlawful to transfer or dispense two (2) ounces or less of marijuana to another person for no consideration, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00).

INTRODUCED, FIRST READ, PASSED AND ORDERED POSTED ON FIRST READING THIS 14TH DAY FEBRUARY, 2011

PASSED, ADOPTED, AND APPROVED ON SECOND READIN THIS 14TH DAY OF MARCH, 2011