City of Colorado Springs - File #: 15-00596

• File #: 15-00596
• Version: 2
• Type: Ordinance
• Status: Mayor's Office
• File created: 9/14/2015
• In control: City Council
• On agenda: 1/12/2016
• Final action: 1/12/2016
• Title: Ordinance No. 15-100 adding Section 210 of Part 2 (Other Dangerous Weapons and Substances) of Article 7 (Dangerous Weapons and Substances) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, as amended, pertaining to the possession of marijuana paraphernalia by persons under the age of eighteen (18), and providing penalties for the violation thereof

Date	Ver.	Action By	Action	Result
1/12/2016	2	City Council	finally passed	Pass
12/8/2015	1	City Council	approved	Pass
12/8/2015	1	City Council	approved on first reading	Pass
11/23/2015	1	Council Work Session	referred

Title
Ordinance No. 15-100 adding Section 210 of Part 2 (Other Dangerous Weapons and Substances) of Article 7 (Dangerous Weapons and Substances) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, as amended, pertaining to the possession of marijuana paraphernalia by persons under the age of eighteen (18), and providing penalties for the violation thereof

Body
From:
Council President Pro Tem Jill Gaebler

Summary:
At the request of Mayor Suthers and in conjunction with Presiding Municipal Court Judge Kane and the Colorado Springs Police Department, the City Attorney's Office drafted the proposed ordinance. The purpose of the ordinance is to prohibit the possession of marijuana paraphernalia by juveniles and provide the Municipal Court with sentencing options that stress education for the protection of health, safety, and welfare of the City's juveniles.

Previous Council Action:
N/A

Background:
Currently, possession of marijuana paraphernalia by persons under the age of 18 is prohibited by Colorado law pursuant to C.R.S. ? 18-13-122(3)(c) and such violations may be prosecuted by the 4th Judicial District Attorney's Office ("DAO") in state court. Given the low prosecution priority that currently exists at the DAO for marijuana related crimes, the Municipal Court, CSPD, and the City Prosecutors recognized the need for a City Code provision prohibiting the possession of marijuana paraphernalia by persons under the age of 18. The City Probation Department has programs in place geared toward education and treatment of juveniles convicted of drug-related crimes. The majority of juveniles convicted under the ordinance will be sentenced to participate in these programs.

It is important to note that the ordinance as drafted does not prohibit the possession of marijuana paraphernalia by juveniles if such possession is in compliance with the Colorado Constitution Article 18, Section 14 relating to the us...