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Legislation #: 190702 Introduction Date: 8/22/2019
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER ELLINGTON
Title: Amending Chapter 50, Code of Ordinances, by repealing Section 50-10 relating to possession or control of marijuana and enacting in lieu thereof one new section of like number and subject matter. *** This item will be held until September 25, 2019.***

Legislation History
DateMinutesDescription
8/22/2019 Filed by the Clerk's office
8/22/2019 Referred to Finance, Governance and Public Safety Committee
8/28/2019 Referred to Finance, Governance and Public Safety Committee

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fact sheet.pdf Fact Sheet 134K Fact Sheet
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ORDINANCE NO. 190702

 

Amending Chapter 50, Code of Ordinances, by repealing Section 50-10 relating to possession or control of marijuana and enacting in lieu thereof one new section of like number and subject matter. *** This item will be held until September 25, 2019.***

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 50-10 relating to possession or control of marijuana and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

Sec. 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 100 grams or more of marijuana.

 

(c) Penalty.

 

(1)               Fine. A fine of no more than $500.00 shall be imposed for possession or control of 100 grams or more of marijuana.

 

(2) 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.

 

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

 

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

 

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

 

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

 

(d) Exception. The provisions of this Section shall not apply to any person who produces on demand to a law enforcement officer one of the following:

 

(1)               A qualifying patient identification card, a qualifying patient cultivation identification card or a primary caregiver identification card issued by the Missouri Department of Health and Senior Services; or,

 

(2)               A physician certification indicating that the person is making application to the Missouri Department of Health and Senior Services for an identification card; or,

 

(3)               An equivalent identification card or authorization issued by another state or political subdivision of another state.

 

_________________________________________

 

Approved as to form and legality:

 

____________________________

Alan L. Holtkamp

Assistant City Attorney