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ORDINANCE 1674

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ORDINANCE NO. 1674 OF 2015 ORDINANCE AMENDING SECTION 11-300 OF CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA, RELATIVE TO POSSESSION OF
MARIJUANA AND SYNTHETIC CANNABINOIDS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
1.Section 11-300 of Chapter 11 of the Code of Ordinances of the City of Ruston, Louisiana, is hereby amended to read as follows: Sec. 11-300. Possession of marijuana or synthetic cannabinoids.
(a)It shall be unlawful for any person to knowingly and intentionally possess marijuana, tetrahydrocannabinol or chemical derivatives thereof or synthetic cannabinoids.
(b)For the purposes of this section, (1) The term “marijuana” means all parts of plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
(2) Synthetic cannabinoids. Unless specifically excepted, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of a synthetic cannabinoid found to be in any of the following chemical groups, or any of those groups which contain any synthetic cannabinoid salts, isomers, salts of isomers, or nitrogen-heterocyclic analogs, whenever the existence of such salts, isomers, salts of isomers, or nitrogen-heterocyclic analogs is possible within the specific chemical groups listed in LA R.S. 40:964 (F), (1-28), now and as may be hereinafter amended.
(c)Penalties.
(1) Possession of marijuana.
(i) On a first conviction, for violation of Section (A) with regard to marijuana, tetratrahydrocannabinol or chemical derivatives thereof wherein the offender possesses fourteen grams or less, the offender shall be fined not more than three hundred dollars, imprisoned in the parish jail for not more than fifteen (15) days, or both.
(ii) On a first conviction, for violation of Section (A) with regard to marijuana, tetratrahydrocannabinol or chemical derivatives thereof wherein the offender possesses more than fourteen grams, the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than sixty (60) days, or both.
(iii) Any person who has been convicted of a violation of the provisions of Item (i) or (ii) of this Subparagraph 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 Subparagraph shall occur only once with respect to any person.
(iv) On a second conviction for violation of Section (a) with regard to marijuana, trahydrocannabinol or chemical derivatives thereof, the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than sixty (60) days, or both.
(v) Except as provided in Item (c)(iii) of this Paragraph, a conviction for the violation of any other statute or ordinance with the same elements as Section (a) prohibiting the possession of marijuana, tetrahydrocannabinol or chemical derivatives thereof, shall be considered as a prior conviction for the purposes of this Subsection (c) (iv) relating to penalties for second offenders.
(2) Possession of synthetic cannabinoids.
(i) On a first conviction for violation of Section (a) with regard to synthetic cannabinoids, the offender shall be fined not more than five hundred dollars, imprisoned in the parish jail for not more than sixty (60) days, or both.
(d) Except as provided in Item (a) (iii) of this Paragraph, a conviction for the violation of any other statute or ordinance with the same elements as Subsection (a) of this Section or Paragraph (B)(3) of LA R.S. 40:966 prohibiting the distributing or dispensing or possession with intent to distribute or dispense marijuana, tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall be considered as a prior conviction for the purposes of Subsection (c) (iv) relating to penalties for second offenders.
(e) A conviction for the violation of any other provision of law or ordinance with the same elements as Section (a) prohibiting the possession of synthetic cannabinoids shall be considered a prior conviction for the purposes of this Paragraph relating to penalties for subsequent offenses. This Ordinance was introduced on September 8, 2015, by Alderman Jedd Lewis; notice of public hearing was published on September 11, 2015, and said public hearing having been held, the title having been read and the Ordinance considered, on motion to adopt by Alderman Jedd Lewis, seconded by Alderman Bruce Siegmund, a record vote was taken and the following result was had:
YEA: ALDERWOMAN CAROLYN ELMORE CAGE
ALDERMAN JEDD LEWIS
ALDERWOMAN ANGELA R. MAYFIELD
ALDERMAN JIM PEARCE
ALDERMAN BRUCE SIEGMUND
NAY: NONE
ABSENT: NONE WHEREUPON, the presiding officer declared the above Ordinance duly adopted on the 5th day of October, 2015.
ATTEST: EMMETT GIBBS, CLERK RONNY WALKER, MAYOR
1td: October 16, 2015

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