HomeMy WebLinkAbout2305ORDINANCE NO. 2305
AN ORDINANCE of the City of Port Angeles
amending Section 9.34.010 of Ordinance
No. 2129, Section 17 of Ordinance No.
2188, and Section 9.34.010 of the Port
Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. Section 9.34.010 of Ordinance No. 2129,
Section 17 of Ordinance No. 2188, and Section 9.34.010 of the
Port Angeles Municipal Code are each amended to read as follows:
9.34.010 Possession of marijuana. It is unlawful
unless otherwise provided by state law for a person,
firm or corporation to possess any part of the plant
Cannabis Sativa L., commonly known as marijuana, or any
other cannabis plant whether growing or not; the seeds
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 such stalks,
oil or cake made from the seeds of such plant, any
other compound, manufacture, sale, derivative, mixture
or preparation of such mature stalks, fiber, oil or
cake, or the sterilized seed of such plant which is
incapable of germination, except upon the order or
prescription of a physician, surgeon, dentist or
veterinary surgeon duly licensed to practice in the
state of Washington; provided, however, that the above
provisions shall not apply to the possession by drug
jobbers, drug wholesalers, and drug manufacturers, to
registered pharmacists or to physicians, dentists, or
veterinary surgeons; or to public officers or their
employees in the performance of their official duties
requiring possession or control of marijuana; or to
temporary incidental possession by employees or agents
of persons lawfully entitled to possession, or by
persons whose possession is for the purpose of aiding
public officers in performing their official duties.
Possession of marijuana is a Class II misdemeanor;
provided, that for a person's first offense under this
section, or Section 9.34.100, possession shall be a
forfeitable offense.
Section 2. This Ordinance shall take effect as
provided by law.
PASSED by the City Council of the City of Port Angeles
at a regular meeting of said Council held on the 3- day of
, 1984.
ATTEST:
-.- a • 0 e
Mer z A. Lannoye, City erk
APPROVED AS TO FORM:
0
raig ,s, , nutson, C
PUBLISHED: 1/} /9 th/
rney
MEMORANDUM
June 29, 1984
TO: City Council
FROM: Chief of Police
RE: Controlled Substances Ordinance
ISSUE: Should the City Council amend the Controlled Substances Ordinance to
increase the fine for first offense marijuana possession from $50 to the
standard $275 fine?
BACKGROUND /ANALYSIS: Several years ago, the City reduced the fine foi''first
offense marijuana possession to $50. The intent was to facilitate the rapid
disposition of such cases. However, it is not always appropriate that such a
small fine be paid. Further, even with the standard $275 fine, there is still
discretion for the City Attorney to recommend, and the court to order, a
lesser fine, such as $50 in appropriate cases.
RECOMMENDATION: It is recommended that the Council approve the attached
amendment to the Controlled Substances Ordinance to eliminate the $50 fine for
first offense marijuana possession and go with the standard $275 fine.
Mike Cleland
Chief of Police
CDK :LF
•