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CITY COMMISSION AGENDA ITEM |
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Department: |
City Attorney’s Office |
Commission Meeting Date: Feb. 12, 2019 |
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Staff Contact: |
Maria Garcia, Assistant City Attorney |
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Recommendations/Options/Action Requested: |
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Receive a draft ordinance amending the fines for first time marijuana possession, and direct staff as appropriate. |
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Executive Summary: |
At the October 9, 2018 City Commission work session, the Commission received a presentation regarding reducing the penalties for first time marijuana possession. The consensus among Commissioners was that the Wichita ordinance, which contains a policy provision encouraging the reduction of penalties for first time marijuana offenders possessing a small quantity of marijuana, was desirable. Commissioners also expressed an interest in having the drug evaluation—which is currently mandatory for any person convicted of marijuana possession—to be discretionary for the court to order.
The attached ordinance reflects the Commissioners’ comments at the October 9 meeting and, consistent with state law, allows the court to order a fine of up to $1,000 but states that the presumptive penalty for a first-time offender is $50, with the drug evaluation being discretionary rather than obligatory.
If this ordinance is adopted, the total expense for a person found guilty by the court of possession of marijuana, first offense, unless the court finds the circumstances warrant a lesser or greater fine, would be $50 (fine) + 63.00 (court costs) = $113.00. A drug evaluation, if ordered, typically ranges from $120-$150 and would be in addition to the $113.00. Compare this to the current fine of $200 and mandatory drug evaluation, in which a person could pay a minimum of approximately $400.00 total. |
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Strategic Plan Critical Success Factor |
Safe, Healthy, and Welcoming Neighborhoods Commitment to Core Services |
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Fiscal Impact (Amount/Source): |
The proposed ordinance reduces the amount received by the City once a person pays the fines and court costs. Currently, $39.50 out of the $63.00 court costs stays with the City, which will remain unchanged. But the entire fine amount, which remains with the City, will be reduced in each case by $150 unless the judge finds that the facts in a particular case warrant more or less than a $50 fine. For reference, in 2017 there were 244 charges for possession of marijuana and 46 convictions. Some of the 244 charges are still pending and are not resolved at this time. The cost of the evaluation is paid to the treatment facility and no portion remains with the City. The cost of diversion would decrease by $150 as well and would not stay with the City. In 2017, there were 127 diversions for marijuana possession. |
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Attachments: |
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(for CMO use only) |
☒TM ☐DS ☐CT ☐BM |