§ 50-10. Possession or control of marijuana.

(a)

Marijuana defined. As used in this section "marijuana" shall mean all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to, Cannabis Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

(b)

Possession or control of marijuana prohibited. Except as authorized by law, it is unlawful for any person to possess or have under his or her control marijuana.

(c)

Penalty.

(1)

Possession or control of 35 grams or less of marijuana. A fine of no more than $25.00.

(2)

Possession or control of more than 35 grams of marijuana. A fine of no more than $500.00.

(3)

Consideration of weight. When considering the amount of marijuana possessed or controlled, the weight of the means to ingest the marijuana will be disregarded, therefore, the total weight of an edible substance shall not be added to the weight of the marijuana used in making the edible substance.

(4)

Referrals by prosecutor. Absent exigent circumstances, the municipal prosecuting attorney shall not refer the matter to any other prosecutor, agency, or office.

(5)

Retroactivity. This provision shall apply to all cases pending on the effective date of this section.

(6)

Classification. Subject to section 50-10(c)(4), all offenses covered under this section shall be treated and classified as city ordinance violations.

(7)

Diversion appropriate. The council finds that, absent special circumstances, the city's diversion program is an appropriate resolution of said charges.

(Ord. No. 940831, § A(26.64), 7-7-94; Ord. No. 160962 , § 5, 1-19-17)