§ 58-35. Possession of marijuana.

(a)

It is unlawful for any person knowingly or intentionally to possess marijuana, tetrahydrocannabinol or chemical derivatives thereof, offender shall be punished as follows:

(1)

On a first conviction, wherein the offender possesses 14 grams or less, the offender shall be fined not more than $300.00, imprisoned for not more than 15 days or both.

(2)

On a first conviction, wherein the offender possesses more than 14 grams or less, the offender shall be fined not more than $500.00, imprisoned for not more than six months, or both.

(3)

Any person who has been convicted of a violation of the revisions of subsections (a)(1) or (2) above, and who has not been convicted of any other violation of a statute or ordinance prohibiting the possession of marijuana for a period of two years from the date of completion of sentence, probation, parole, or suspension of sentence shall not be eligible to have the conviction used as a predicate conviction for enhancement purposes. The provisions of this subsection shall occur only once with respect to any person.

(b)

On a second conviction for violation of this section, the offender shall be fined not more than $500.00, imprisoned for not more than six months, or both.

(c)

If the court places the offender on probation, the probation shall provide for a minimum condition that he participate in a court-approved substance abuse program and perform four, eight-hour days of court-approved community service activities. Any costs associated with probation shall be paid by the offender.

(d)

It is unlawful for any person to knowingly or intentionally possess synthetic cannabinol, on a first conviction for violation of this section, the offender shall be fined not more than $500.00, imprisoned for not more than six months, or both.

(Ord. No. 974, 4-8-02; Ord. No. 1087, 2-8-16)