CITY COMMISSION AGENDA ITEM

Department:	City Attorney’s Office		Commission Meeting Date:  March 19, 2019
Staff Contact:	Maria Garcia, Assistant City Attorney
Recommendations/Options/Action Requested:
Adopt on first reading Ordinance 9568 pertaining to amending the fines for first time marijuana possession, and direct staff as appropriate.
Executive Summary:		At the February 12, 2019 work session, the City Commission received a presentation regarding the reduction of penalties for first-time marijuana possession. That presentation was a follow-up to an October work session on the same topic. At the February 12^th meeting, Commissioners discussed implementing a low presumptive fine for first-time marijuana possession and allowing such presumption to apply to persons over the age of 18. There was a lengthy discussion during the work session with some Commissioners expressing interest in specific details in the ordinance, though no firm direction was provided. The attached ordinance leaves blank the presumptive fine amount and age for which such presumptive fine would apply so that Commissioners can formally vote on these critical elements of the ordinance. The penalties established by the ordinance, once refined and adopted by the Commission, will apply to eligible persons on their first and second marijuana convictions in Municipal Court. If the same person is charged with marijuana possession for a third time, he or she will be prosecuted in district court because it is a level 5 felony under state law. The penalty for a third conviction may include a prison sentence that can range from 10 months to 42 months, unless the court grants probation. The state statute creates a tiered system that applies progressive penalties to persons accumulating multiple convictions. The City’s current penalties for first and second marijuana offenses similarly follow a progressive penalty scale, warranting additional Commission discussion and direction before significant changes are made to the law.
Strategic Plan Critical Success Factor		Safe, Healthy, and Welcoming Neighborhoods Commitment to Core Services
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 depending on the new fine established by the Commission.
Attachments:		Ordinance 9568 draft Section 14-902 (City of Lawrence, Kansas Code)

Reviewed By: (for CMO use only)

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