HomeMy WebLinkAboutOrdinance-1988-0762INTRODUCED BY COUNCILMEMBER WORTH
Ordinance No. 762
Series of 1988
TITLE: AN ORDINANCE ADDING SECTION 14-42.3 TO THE CODE OF LAWS
OF THE CITY OF WHEAT RIDGE AND, THEREBY, MAKING THE
POSSESSION OF LESS THAN ONE OUNCE OF MARIJUANA
UNLAWFUL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 14.42.3 of the Code of Laws of the City
of Wheat Ridge is hereby added and enacted as follows:
Sec. 14-42.3 Possession of marijuana.
(a) For the purpose of this section, the terms "marijuana,"
"marihuana" and "cannabis" are synonymous and 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, sale 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 made from the seeds of such plant, any other
compound, manufacture, sale derivative, mixture or preparation of
its mature stalks, except the resin extracted therefrom, fiber,
oil or cake, or the sterilized seed of such plant which is
incapable of germination. The term "cannabis concentrate" means
hashish, tetrahydrocannabinols, or any alkaloid, salt derivative,
preparation, compound, or mixture, whether natural or synthesized
or tetrahydrocannabinols.
(b) It shall be unlawful to possess one 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).
(c) It shall be unlawful openly and publicly to display or
consume one ounce or less of marijuana, cannabis or cannabis
concentrate, and upon conviction thereof, or a plea of guilty or
no contest thereto, punishment shall be by a fine of one hundred
dollars ($100.00), and by imprisonment not exceeding fifteen (15)
days.
(d) The provisions of this section shall not apply to any
person who possesses or uses cannabis or cannabis concentrate
pursuant to the Dangerous Drugs Therapeutic Research Act.
Section 2. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
_8 to 0 on this 2nd day of May , 1988,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for Monday, June 13 , 1988,
at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 13th day of June
1988.
1988.
SIGNED by the Mayor on this 14th day of
June
Dan Wilde, Mayor
ATTEST :
Wanda Sang, City Clq
APPRO AS TO FORM BY
OFFI OF C7Y AT-WRNEY
Jopln E. Hayes, Cif Attorney
1st Publication: May 5, 1988
2nd Publication: June 16, 1988
Wheat Ridge Sentinel:
Effective Date: July 1, 1988
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