PALMER LAKE, COLORADO

PALMER LAKE , COLORADO

ORDINANCE NO. 1 OF 2007

AN ORDINANCE FOR THE REGULATION OF POSSESSION OF MARIJUANA IN THE TOWN OF PALMER LAKE, COLORADO

            WHEREAS the Town of Palmer Lake has determined that regulation of possession of marijuana is necessary and appropriate for the town; and

            WHEREAS, the Town of Palmer Lake declares that passage of this ordinance is necessary for the health, safety and welfare of the people of the Town of Palmer Lake.

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS: 

Section 1.  A new section 9.41.010 entitled “Possession of Marijuana” is added to the Palmer Lake Municipal Code to read as follows:

9.41.010 Possession of Marijuana. 

1. For the purposes of this section, the term “marijuana” shall include all parts of the plant Cannabis sativae L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from its stalks, oil or cake, or the sterilized seed of such plant, which is incapable of germination, if these items exit apart from any other item defined as “marijuana” in this section.
    
2. It is unlawful to possess one ounce or less of marijuana; and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine
   of not more than one hundred dollars ($100.00).
    
3. It is unlawful openly and publicly to display or consume one ounce or less of marijuana; and upon conviction thereof, or a plea of guilty or no contest thereof, punishment shall be by a fine of one hundred dollars ($100.00) and/or by imprisonment not exceeding fifteen (15) days.
    
4. The provisions of this section shall not apply to any person who possesses or uses marijuana pursuant to the Dangerous Drugs Therapeutic Research Act.
   

Section 2.  Severability.  It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 3.  Publication and Effective Date.  The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted.  This ordinance shall become effective thirty (30) days after the date of publication.

PASSED AND ADOPTED THIS 10th DAY OF MAY, 2007

MALCOLM PARKER, MAYOR

ATTEST:

DELLA GRAY, TOWN CLERK