HomeMy WebLinkAboutOrdinance 1531TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER REINHART
Council Bill No. 02
Ordinance No. 1531
Series 2013
AN ORDINANCE AMENDING SECTIONS 16-131 AND 16-133 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING POSSESSION OF
MARIJUANA AND DRUG PARAPHERNALIA
WHEREAS, in the recent November 2012 general election, the voters of the
State of Colorado adopted Amendment 64 to the Colorado Constitution ("Amendment
64"), codified at Article XVIII Section 16 regarding the personal use and regulation of
marijuana; and
WHEREAS, Amendment 64 legalized the possession, use, display, purchase or
transportation of marijuana accessories or one ounce or less of marijuana for persons
twenty-one years of age or older; and
WHEREAS , Amendment 64 allows persons twenty-one years of age or older to
possess, grow, process or transport no more than six marijuana plants , with three or
fewer being mature, flowering plants and to possess the marijuana produced by the
plants on the premises where the plants were grown, provided that the growing takes
place in an enclosed, locked space, is not conducted openly or publicly, and is not
made available for sale ; and
WHEREAS, Amendment 64 allows local governments to prohibit the possession
of marijuana and marijuana accessories by persons under the age of twenty-one years
and to prohibit the open and public consumption of marijuana by persons of any age;
and
WHEREAS, Wheat Ridge Code of Laws Sections 16-131 and 16-133 concern
unlawful conduct regarding the possess ion and use or marijuana and marijuana
accessories; and
WHEREAS, the City Council desires to amend those Code provisions in
accordance with Amendment 64.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-131 of the Wheat Ridge Code of Laws is amended to
read as follows:
Sec. 16-131. Possession of Marijuana
(a) For the purpose of this section, the FOLLOWING DEFINITIONS APPLY:
terms
(1) "Marijuana," "marihuana" and "cannabis" are synonymous and
shall include all parts of the plant cannabis sativa L. OF THE
GENUS CANNABIS, whether growing or not; the seed thereof;
the resin extracted from any part of such plant; and every
compound, manufacture, sate SALT, derivative, mixture , or
preparation of such plant, its seeds or resin but shall not include
INDUSTRIAL HEMP, the mature stalks of such plant, fiber
produced from its stalks, oil or cake made from the seeds of such
plant, any other compound, manufacture, sale SALT, derivative,
mixture or preparation of its mature stalks , except the resin
extracted therefrom, fiber, oil or cake, or the sterilized seeds of
such plant which is incapable of germination, OR THE WEIGHT
OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA
TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS, FOOD,
DRINK, OR OTHER PRODUCT.
(2) The term "Cannabis concentrate " means hashish,
tetrahydrocannabinols, or any alkaloid, salt, derivative,
preparation, compound, or mixture, whether natural or
synthesized or tetrahydrocannabinols.
(3) "MARIJUANA PRODUCTS " MEANS CONCENTRATED
MARIJUANA PRODUCTS AND MARIJUANA PRODUCTS THAT
ARE COMPRISED OF MARIJUANA AND OTHER
INGREDIENTS AND ARE INTENDED FOR USE OR
CONSUMPTION, SUCH AS , BUT NOT LIMITED TO, EDIBLE
PRODUCTS, OINTMENTS, AND TINCTURES
(4) It shall be unlawful FOR ANY PERSON UNDER TWENTY-ONE (21)
YEARS OF AGE to possess OR DISPLAY MARIJUANA PRODUCTS OR
one (1) ounce or less of marijuana, cannabis , or cannabis 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), together with a surcharge of ten
dollars ($10 .00) to be paid to the police department through the court to
offset the cost of destruction of drugs, injection devises and drug
paraphernalia, whether or not any of those items was confiscated from the
defendant.
(5) It shall be unlawful openly and publicly to display or consume one (1)
ounce or less of MARIJUANA PRODUCTS, marijuana, cannabis , or
cannabis concentrate, and upon conviction thereof, or a plea of guilty or
no contest thereto , punishment be by a fine of one hundred dollars
($1 00.00), and by imprisonment not exceeding fifteen (15) days.
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(6) The prov1s1ons of this section shall not apply to any person who
possesses or uses MARIJUANA PRODUCTS, MARIJUANA, cannabis or
cannabis concentrate pursuant to the dangerous drug therapeutic
research act OR IN ACCORDANCE WITH THE PROVISIONS IN
ARTICLE XVIII SECTION 14 OF THE COLORADO CONSTITUTION .
Section 2. Section 16-133 of the Wheat Ridge Code of Laws is amended by
the addition of Subsection (h) to read as follows:
Sec. 16-133. Drug paraphernalia
* * *
(h) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE
POSSESSION , DISPLAY , PURCHASE, TRANSPORT OR USE IN
PRIVATE BY ANY PERSON THAT IS TWENTY-ONE YEARS OF AGE
OR OLDER OF DRUG PARAPHERNALIA THAT IS USED , INTENDED
FOR USE, OR DESIGNED FOR USE IN PLANTING , PROPAGATING ,
CULTIVATING , GROWING , HARVESTING , COMPOSTING ,
MANUFACTURING , COMPOUNDING , CONVERTING , PRODUCING ,
PROCESSING , PREPARING , TESTING , ANALYZING , PACKAGING ,
REPACKAGING , STORING , VAPORIZING , OR CONTAINING
MARIJUANA OR FOR INGESTING , INHALING, OR OTHERWISE
INTRODUCING MARIJUANA INTO THE HUMAN BODY.
Section 3. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remain ing sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 4. Effective Date. This Ordinance shall take effect upon adoption
and signature of the Mayor , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on
th is 14th day of January , 2013 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Public Hearing and consideration on f inal
passage set for January 28 , 2013 at 7 :00 p.m., in the Council Chambers , 7500 West
29 1h Avenue , Wheat Ridge , Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _8 _to _o_, this 28th day of Janua r y , 201 J
SIGNED by the Mayor on this 28 th day of January J 201 ~.
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ATTEST:
First Publ ication : January 17 , 2013
Second Publication : January 31, 2013
Wheat Ridge Transcript
EffectiveDate: Janu ary 28, 2013
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