General Marijuana Use Example

Example of an initiative to change local ordinances to reduce penalties — or remove the threat of arrest entirely — for marijuana use/cultivation

PROPOSITION 1 (in Columbia, Missouri) — Ballot Language

SHALL THE PROPOSED INITIATIVE ORDINANCE ESTABLISHING MARIJUANA LAW ENFORCEMENT POLICY BE PASSED?

THE PROPOSED ORDINANCE WOULD GRANT SERIOUSLY ILL CITIZENS THE RIGHT TO POSSESS UP TO 35 GRAMS OF MARIJUANA FOR MEDICINAL PURPOSES UPON THE RECOMMENDATION OF A PHYSICIAN. THE ORDINANCE WOULD PREVENT POLICE FROM SENDING MOST CASES INVOLVING LESS THAN 35 GRAMS OF MARIJUANA TO ANY PROSECUTOR OTHER THAN THE CITY PROSECUTOR. THE CITY PROSECUTOR WOULD BE PREVENTED FROM REFERRING MARIJUANA CASES TO ANOTHER PROSECUTOR OR AGENCY. MUNICIPAL COURT CASES INVOLVING LESS THAN 35 GRAMS OF MARIJUANA WOULD BE PUNISHED ONLY BY FINES. THE MAXIMUM FINES WOULD BE $25 FOR A FIRST OFFENSE, $50 FOR A SECOND OFFENSE, $100 FOR A THIRD OFFENSE AND $500 FOR SUBSEQUENT OFFENSES.

Yes No

Proposition 1 — Ordinance Text

The proposed ordinance is as follows:

AN ORDINANCE ESTABLISHING POLICY FOR MEDICAL MARIJUANA, MARIJUANA POSSESSION BY ADULTS, AND PARAPHERNALIA POSSESSION PROSECUTIONS, amending Chapter 16 of the Code of Ordinances of the City of Columbia, Missouri by adding a provision to Division 23 of the Chapter 16 relating to prosecuting marijuana and paraphernalia cases in the Municipal Court of the City of Columbia pursuant to applicable city ordinances, and fixing a time when this ordinance shall become effective.

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS: That Chapter 16, Division 23 of the Code of Ordinances of the City of Columbia, Missouri relating to the possession of less than 35 grams of marijuana and possession of drug paraphernalia is amended as follows:

(A) The purpose of this Initiative is to ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possessing, and/or using medicinal marijuana and/or marijuana paraphernalia used to consume medicinal marijuana, and to ensure that individuals are not arrested and suffer only a fine, and no other punishment or penalty, for the possession of less than 35 grams of marijuana and/or marijuana paraphernalia. This Initiative shall be liberally construed for the accomplishment of these purposes.

(B) Seriously ill citizens have the right to obtain, possess, and use up to 35 grams of marijuana for medicinal purposes where that medical use is deemed appropriate and is recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, HIV, AIDS, chronic pain, glaucoma, arthritis, migraines, or any other serious condition for which marijuana provides relief. Patients who obtain and use marijuana for medicinal purposes upon the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction; once a doctor's recommendation has been provided by the patient, any marijuana and/or marijuana paraphernalia charges against the patient shall be dismissed by the prosecuting attorney. Also, physicians who recommend marijuana for their patients shall not be subject to any arrest, prosecution, punishment or sanction. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office, unless the individual is also charged with a felony offense arising from the same set of facts and circumstances.

(C) When any law enforcement officer suspects any person of possession of less than 35 grams of marijuana and/or possession of marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, suffer prosecution, suffer incarceration, suffer loss of driver's license, or any other legal punishment or penalty other than: up to a $25 fine for a first offense, up to $50 for a second offense, up to $100 for a third offense and up to $500 for a fourth or any subsequent offense under this Ordinance. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office, unless the individual is also charged with a felony offense arising from the same set of facts and circumstances.

(D) The provisions of this measure are severable if any provision of this measure is declared invalid, that invalidity shall not affect other provisions of the measure which can be given effect without the invalid provision.

(E) This Ordinance shall be effective upon passage by the Columbia City Council or voters of the City of Columbia and any city ordinance or regulation that is inconsistent with this Ordinance shall be null and void once this Ordinance is passed.

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