Memorandum

City of Lawrence

Legal Services

TO:	David L. Corliss, Assistant City Manager & Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	March 1, 2006
RE:	Proposed Marijuana Ordinance – Version 4.0

Attached, please find version 4.0 of the marijuana and drug paraphernalia ordinance, the terms of which were given preliminary approval at the February 28, 2006 City Commission meeting.  The ordinance imposes a $200 minimum fine for violations of its prohibitions, but that fine may be suspended upon a finding by the Municipal Judge that substantial and compelling reasons exist for the suspension.  Individuals who are convicted or enter diversion on a possession of marijuana charge will be required to obtain a drug abuse evaluation.  The Municipal Judge has discretion to order an offender to attend subsequent drug abuse treatment or education as he or she sees fit. 

One concern expressed during the most recent discussion of this ordinance was whether offenders who enter a plea to possession of marijuana would be informed that a second possession of marijuana charge would be a felony violation under Kansas law.  I have spoken with Jerry Little and Judge Randy McGrath regarding this issue.  Mr. Little suggested that the best way to incorporate this information into existing procedures is to include the information on the waiver of counsel form in marijuana cases.  This would inform a person who chooses to handle his or her case pro se of this potential future consequence.  Represented individuals should be provided this information as a matter of course from their individual counsel.  Judge McGrath also stated that he would be willing to incorporate the information into the formal plea process.  This should be sufficient to allow violators to understand these collateral consequences of any future violation. 

Please contact me with any questions or concerns about the proposed ordinance.