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Home My WebLink AboutItem 02 Unlawful Possession of Less Than One Ounce of Marijuana and Springfield Municipal Code Jurisdiction of Fine Proceeds ACTION REQUESTED: November 13, 2007 Work Session Municipal Court Judge Strickland , {\ Matthew J. Cox ,~& 726-3748 (Strickland) 746-9621 (Cox) C IT Y CO UNCI L Estimated Time: 15 Minutes ITEM TITLE: UNLAWFUL POSSESSION OF LESS THAN ONE OUNCE OF MARIJUANA AND SPRINGFIELD MUNICIP ALCODE JURISDICTION OF FINE PROCEEDS. Conduct a work session with the City Council regarding a proposed ordinance amending the Springfield Municipal Code to add the violation of unlawful possession of less than one ounce of marijuana into the code thereby allowing the Springfield Municipal Court to retain jurisdiction on fines collected. Should the City of Springfield adopt an ordinance amending the SMC to add the violation of unlawful possession ofless than one ounce of marijuana thereby allowing the municipal court to retain jurisdiction of fine proceeds? 1. Draft Ordinance. 2. Copy ofORS 475.864"':' Unlawful Possession of Marijuana SPRINGFIELD Staff Phone No: AGENDA ITEM SUMMARY Meeting Date: Meeting Type: Department: Staff Contact: ISSUE STATEMENT: ATTACHMENTS: DISCUSSION/ FINANCIAL IMPACT: At a recent meeting with the Springfield City Council, Springfield Municipal Court Chief Judge James R. Strickland brought to the Council's attention the fact that fine proceeds collected on UPCS (unlawful possession of controlled substance) less than one ounce of marijuana violations prosecuted at the municipal court were sent to the Oregon Department of Revenue. This is because currently UPCS less than one ounce is cited into Springfield Municipal Court under the ORS which directs that fine proceeds go to the State. Judge Strickland proposes that the Springfield Municipal Court add specific language to the SMC thereby allowing prosecution ofUPCS less than one ounce of marijuana violations through SMC language and allowing the municipal court to retain jurisdiction over fine proceeds collected. The City Attorney's office has worked with the municipal court to draft the attached ordinance. The Springfield Municipal Court already has a UPCS less than one ounce of marijuana violation diversion program in place. There should be no cost to the City to add this violation into the SMC Chapter 5 - Public Protection. The City will receive financial benefit in the fines collected for UPCS less than one ounce of marijuana staying within the City's jurisdiction and not being forwarded to the Oregon Department of Revenue pursuant to ORS 475.864. The Police Department will have to instruct its officers to cite UPCS less than one ounce of marijuana violators under the Springfield Municipal Code as opposed to the ORS in the future if this ordinance passes and comes into control regarding UPCS less than one ounce of marijuana citations. N:\City\ORDINANC\Marijuana Violation\AIS Marijuana Ordinance,doc DRAFT FOR PURPOSES OF DISCUSSION ORDINANCE NO. (General) AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE (SMC), CHAPTER 5 - PUBLIC PROTECTION TO ADD SECTION 5.117, UNLAWFUL POSSESSION OF MARIJUANA LESS THAN ONE OUNCE, AND AMEND SECTION 5.104, MISDEMEANORS AND VIOLATIONS - STATE STATUTES ADOPTED. The Common Council of the City of Springfield finds as follows: A. It is in the public interest for the City of Springfield to amend the Springfield Municipal Code specifically Chapter 5 - Public Protection, of the Springfield Municipal Code to add the violation of unlawful possession of less than one ounce of marijuana to the Springfield Municipal Code and vesting jurisdiction in the Springfield Municipal Court. B. It is in the public interest for the City of Springfield to amend the above described chapter of the Springfield Municipal Code adding the above described violation as well as adding a penalty schedule and first offender diversion language. C. It is in the public interest for the City of Springfield to amend SMC section 5.104 so as to include: prosecution, sentencing, diversions, collection on violation, fines and jurisdiction over fine proceeds on the offense of unlawful possession of less than one ounce of marijuana. NOW THEREFORE, based upon the foregoing findings, the City Council of the City of Springfield ordains as follows: Section 1. The Springfield Municipal Code Chapter 5 is hereby amended to add the following new language/section: "Section 5.117 Unlawful Possession of Marijuana, Less than One Ounce. (1) No person shall knowingly or intentionally use or possess less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant marijuana, Canabis family Moraceae, unless used or possessed pursuant to a prescription valid within and pursuant to the Oregon Revised Statutes. (2) Unlawful possession of marijuana is a violation of the SMC if the amount possessed is less than one avoirdupois ounce. A violation under this section is punishable by a fine not less than $250.00 and not more than $720.00. (3) Fines collected under this section shall not be forwarded to the Oregon Department of Revenue but shall be retained by the City of Springfield. Page 1 of 2 ATTACflMENT 1 - PAGE 1 DRAFT (4) The SMC shall inform at arraignment a defendant charged with the violation of possession of less than one ounce of marijuana, that a diversion agreement may be available if the offense/violation for which the defendant is before the court is the defendant's first offense of possession of less than one ounce of marijuana and files with the court a petition for a possession of marijuana diversion agreement pursuant to the policy of the Springfield Municipal Court. (5) The Springfield Municipal Court may at its discretion order suspension of driving privileges after a person has been convicted of violation of this section pursuant to ORS Chapter 809." Section 2. Springfield Municipal Code Section 5.104 is hereby amended to read as follows: "Section 5.104 Misdemeanors and Violations - State Statutes Adopted. Each misdemeanor and violation made an offense against the state under the provisions of ORS chapters 161, 162, 163, 164, i65, 166, 167, 181,471, 475 and 480.110 to 480.160, as constituted when this code is adopted, are adopted by reference and made a part of this chapter and designated an offense against the city. A person who violates anyone of the provision within the jurisdiction of the city is in violation of this chapter and shall be charged with the offense of violating this section, and reference shall be made in the charging instrument to that particular section of the ORS, as incorporated by reference, which has been violated. If any other section of this chapter or any other SMC ordinance creates a specific misdemeanor or violation offense in conflict with an ORS misdemeanor or violation offense incorporated by reference in this chapter, the provisions of the ORS regarding misdemeanor or violation offense incorporated by reference shall govern unless specifically exempted by SMC language." Adopted by the Common Council of the City of Springfield this _ day of 2007, by a vote of in favor against. Approved by the Mayor of the City of Springfield this day of , 2007. Mayor, Sid Leiken ATTEST: City Recorder, Amy Sowa N: \City\ORDINANC\Marijuana Violation \Ordinance.doc Page 2 of 2 ..-------- - ------- -------- - ATTACf.lMENT 1 - PAGE 2 OREGON REVISED STATUTES 475.864 Unlawful possession of marijuana. (1) It is unlawful for any person knowingly or intentionally to possess marijuana. (2) Unlawful possession of marijuana is a Class ~ felony. (3) Notwithstanding subsection (2) ofthis section, unlawful possession of marijuana is a violation if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this subsection is punishable by a fine of not less than $500 and notmore than $1,000. Fines collected under this subsection shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established under ORS 137.300. (4) Notwithstanding subsections (2) and (3) of this section, unlawful possession of marijuana is a Class C misdemeanor if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae and the possession takes place in a public place, as defined in ORS 161.015, that is within 1,000 feet ofthe real property comprising a public or private elementary, secondary or career school attended primarily by minors. [2005 c.708 ~33] Attachment 2