ORDINANCE NO. 9568

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING EXISTING CHAPTER 14, ARTICLE 9, SECTION 14-904 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS 2018 EDITION AND AMENDMENTS THERETO, PERTAINING TO DRUGS AND DRUG PARAPHERNELIA AND PENALTIES FOR POSSESSION OF MARIJUANA, AND REPEALING EXISTING SECTION 14-904.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. Existing Chapter 14, Article 9, Section 14-904 of the Code of the City of Lawrence, Kansas 2018 edition, and amendments thereto, is hereby amended to read as follows:

14-904             Penalties.

(A) Except as provided otherwise in Subsections (1) and (2) hereof, any person convicted of violating any of the provisions of this Article shall be punished by a fine not less than $200 or greater than $2500. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than one year.

(1) On a first offense for violation of Section 14-902, the convicted person shall be punished by a fine not to exceed less than $200 or greater than $1000., provided however, that if the convicted person is 18 years of age or older and found to have been in possession of a small quantity of marijuana, as defined herein, there shall be a strong presumption that the court is limited to the assessment of a $1 fine in addition to all applicable court costs, laboratory fees, and the cost of any evaluation ordered pursuant to this Section. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than 180 days.

i. For purposes of this Section, a small quantity of marijuana means the possession of thirty-two (32) grams or less of marijuana.

(2) Upon a second conviction of 14-902 of this Article or if the convicted person has a previous conviction of a substantially similar offense under Kansas law or other jurisdiction, the convicted person shall be punished by a fine not less than $200 or greater than $2500, provided however, that if the convicted person is 18 years of age or older and found to have been in possession of a small quantity of marijuana, as defined herein, there shall be a strong presumption that the court is limited to the assessment of a $1 fine in addition to all applicable court costs, laboratory fees, and the cost of any evaluation ordered pursuant to this Section. In addition to such fine, the convicted person may be sentenced to serve a jail term of not more than one year

i. For purposes of this Section, a small quantity of marijuana means the possession of thirty-two (32) grams or less of marijuana.

(3)        Violation of Section 14-902 of this Article is a misdemeanor, and may be prosecuted in municipal court unless such person has two or more prior convictions for violation of Section 14-902 of this Article, or for a substantially similar offense under Kansas law or other jurisdiction.

(B)       If the court finds substantial and compelling reasons to do so, the court may suspend all or part of the minimum fine established by this section on such conditions as the court directs.  In making the determination regarding whether suspension of all or part of the minimum fine is within the interests of justice, the court shall consider, but is not limited to, the following factors.

1.         The financial status of the defendant.

2.         The amount of controlled substance or contraband possessed.

3.         The lack of criminal history of the defendant.

4.         Any drug treatment program voluntarily completed by the defendant before sentencing but subsequent to being charged under this article.

5.         The defendant’s level of cooperation with law enforcement including the truthful identification of the source of the controlled substance or contraband possessed by the defendant. 

(C)       Any person who is convicted of a charge alleging a violation of Section 14-902 of this Article shall be required by the Court to obtain a drug abuse evaluation, except that upon a first conviction of Section 14-902 by any person 18 years of age or older, and when the person has no substantially similar previous conviction from any other jurisdiction, the judge may require such evaluation, but such evaluation is not mandatory. Any person convicted of a violation of any other provision of this Article may be required by the Court to obtain a drug abuse evaluation.  Based upon the results of such evaluation, the Court may require the offender to attend and successfully complete a drug abuse education, counseling or treatment program.  Any drug abuse evaluation, counseling or treatment ordered under this section for a violation of Section 14-902 of this Article shall be substantially equivalent to the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s Brief Counseling for Marijuana Dependence

(D)       Any person who is diverted on a charge alleging a violation of Section 14-902 of this Article shall may be required by the prosecutor to obtain a drug abuse evaluation.  Any person diverted on a charge alleging a violation of any other provision of this Article may be required by the prosecutor to obtain a drug abuse evaluation.  Based upon the results of such evaluation, the offender may be required to attend a drug abuse education, counseling or treatment program as a condition of such diversion agreement.  Any drug evaluation, counseling or treatment ordered under this section for a violation of Section 14-902 of this Article shall be substantially equivalent to the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration’s Brief Counseling for Marijuana Dependence

(E)       The municipal judge shall order any person convicted of a charge alleging a violation of Section 14-902 of this Article to pay the laboratory analysis fees specified in K.S.A. 28-176, and amendments thereto, as additional costs in the case provided that forensic laboratory services are rendered or administered in conjunction with the case.  Any diversion agreement for a charge alleging a violation of Section 14-902 shall also contain a provision requiring the defendant to pay such laboratory analysis fees provided that forensic laboratory services are rendered in conjunction with the case.    

SECTION 2: Existing Section 14-904, Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that this ordinance supersede it.

SECTION 3: If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

SECTION 4. This ordinance shall take effect and be in force after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____day of April, 2019.

APPROVED:

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Lisa Larsen

                                                                                    Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

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Toni R. Wheeler

City Attorney