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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.

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
9/18/2019 Hold On Agenda (9/25/2019)
9/25/2019 Hold On Agenda (10/23/2019)
10/23/2019 Do Pass as a Committee Substitute
10/24/2019 Assigned Third Read Calendar as Substituted
10/31/2019 Councilmember Shields (Second by Loar) Move to Amend
10/31/2019 Passed as Substituted and Amended
10/31/2019 Failed

View Attachments
FileTypeSizeDescription
190702 Failed.pdf Other 91K 190702 Failed Ordinance
190702com.docx Compared Version 24K compared version
190702 fact sheet.pdf Fact Sheet 131K Fact Sheet
190702 Health Dept Comments - Ordinance.pdf Other 20K Health Department Comment - Letter

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COMMITTEE SUBSTITUTE FOR 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.

 

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 marijuana.

 

(c) Penalty.

(1) Possession or control of 35 grams or less of marijuana. A fine of no more than $25.00. One hundred eighty (180) days after a plea of guilty or a finding of guilty to possession or control of less than 35 grams of marijuana, such plea of guilty or finding of guilty shall be deemed withdrawn, the charge dismissed and any record thereof expunged. Any fine paid shall be deemed forfeited to the city.

 

(2) Possession or control of more than 35 grams of marijuana. A fine of no more than $500.00.

 

(3) 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.

 

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

 

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

 

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

 

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

 

_________________________________________

 

Approved as to form and legality:

 

____________________________

Alan L. Holtkamp

Assistant City Attorney