HomeMy WebLinkAboutItem 16 Unlawful Possession of Less Than One Ounce of Marijuana and Springfield Municipal Code Jurisdiction of Fine Proceeds
Meeting Date: January 22, 2008
Meeting Type: First Reading and Public Hearing
Department: Municipal Court
Staff Contact: Matthew 1. Cox (V~
S P R I N G FIE L D Staff Phone No: 746-9621 (Cox)
C I T Y C 0 U N C I L Estimated Time: 5 Minutes
ITEM TITLE: UNLAWFUL POSSESSION OF LESS THAN ONE OUNCE OF MARIJUANA
AND SPRINGFIELD MUNICIPAL CODE JURISDICTION OF FINE
PROCEEDS.
Conduct a first reading and public hearing on the following ordinance: 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 5.1 04, MISDEMEANORS AND VIOLATIONS -
STATE STATUTES ADOPTED.
AGENDA ITEM SUMMARY
ACTION
REQUESTED:
ISSUE
ST A TEMENT:
A TT ACHMENTS:
Should the City of Springfield adopt an ordinance amending the SMC to add the
violation of unlawful possession of less than one ounce of marijuana thereby
allowing the municipal court to retain jurisdiction of fine proceeds?
1. Draft Ordinance.
DISCUSSION/
FINANCIAL
IMP ACT:
Springfield Municipal Court Judge Strickland proposes that the Springfield
Municipal Court add specific language to the SMC thereby allowing prosecution
of UPCS 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.
This matter came before the City Council at a Work Session on November 13,
2007. Certain City Councilors had concerns regarding the marijuana diversion
program being consistent with state law in regards to DUI diversion programs
with a 10 year cut off. This change was made to Paragraph 4 of the proposed
Ordinance pursuant to the Council's instructions.
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 for 1-22-08 CounciLdoc
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.
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(4) The Springfield Municipal Court shall inform at arraignment, a defendant
charged with the violation of possession of less than one ounce of marijuana,
that a diversion program may be available. The marijuana diversion program is
available to eligible defendants who file with the court a diversion agreement
pursuant to the policy of the Springfield Municipal Court. If a defendant has not
had a prior conviction for this same offense or completed a diversion program for
this same offense within the last ten years, then they are eligible for the court
diversion program.
(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, 165, 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
2008, by a vote of in favor against.
Approved by the Mayor of the City of Springfield this
day of
, 2008.
Mayor, Sid Leiken
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AS TO FORM
jt'<l...-- /'
DATE: ~1o-6
OFFICE OF CITY ATTORNEY
ATTEST:
City Recorder, Amy Sowa
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