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OFFENSES RELATING TO MARIJUANA
Sections:
9.43.010 Legislative intent.
9.43.020 Definitions.
9.43.030 Possession of marijuana.
9.43.040 Public display, consumption, or use of marijuana.
9.43.060 Exception.
9.43.070 Affirmative defense.
9.43.080 Abusing toxic vapors.
9.43.010 Legislative intent.
It is the intent and purpose of this chapter not to cover or include offenses
which are felonies under the Colorado Revised Statutes, as amended, and this
chapter shall not be otherwise construed. (Ord. O-91-28 § 1 (part), 1991).
9.43.020 Definitions.
As used in this chapter, unless the context otherwise requires:
"Marijuana" or "marihuana" mean all parts of the plant cannabis
sativa L., whether growing or not, the seeds thereof, the resin extracted from
any part of the plant, and every compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds, or its resin. It does not include fiber
produced from the stalks, oil or cake made from the seeds of the plant, or sterilized
seed of the plant which is incapable of germination, if these items exist apart
from any other item defined as "marijuana" in this subsection. "Marijuana"
does not include marijuana concentrate as defined in this section.
"Marijuana concentrate" means hashish, tetrahydrocannabinols, or any
alkaloid, salt, derivative, preparation, compound, or mixture, whether natural
or synthesized, of tetrahydrocannabinols. (Ord. O-91-28 § 1 (part), 1991).
9.43.030 Possession of marijuana.
It is unlawful for any person to knowingly possess less than eight ounces of marijuana. (Ord. O-2007-28 § 5, 2007; Ord. O-91-28 § 1 (part), 1991).
9.43.040 Public display, consumption, or use of marijuana.
It is unlawful for any person to openly and publicly display, consume, or use less than eight ounces of marijuana. (Ord. O-2007-28 § 6, 2007; Ord. O-91-28 § 1 (part), 1991).
9.43.060 Exception.
Pursuant to Section 14 of Article XVIII of the State Constitution which creates
limited exceptions to the criminal laws of this state for patients, primary
care givers, and physicians concerning the medical use of marijuana, by a patient
to alleviate an appropriately diagnosed debilitating medical condition, Section
9.43.030, Possession of Marijuana, shall not apply to any patient or primary
care-giver in lawful possession of a registry identification card engaging in
or assisting in the medical use of marijuana. (Ord. O-2001-34 § 3; Ord.
O-91-28 § 1 (part), 1991).
9.43.070 Affirmative defense.
A patient or primary care-giver charged with a violation of Section 9.43.030
of this Chapter related to the patient's medical use of marijuana as set forth
in Section 14 of Article XVIII of the State Constitution will be deemed to have
established an affirmative defense to such allegation where:
A. The patient was previously diagnosed by a physician as having a debilitating
medical condition;
B. The patient was advised by his or her physician in the context of a bona
fide physician-patient relationship, that the patient might benefit from the
medical use of marijuana in connection with a debilitating medical condition;
and
C. The patient and his or her primary caregiver were collectively in possession
of the amounts of marijuana only as permitted under the State Constitution.
(Ord. O-2001-34 § 4).
9.43.080 Abusing toxic vapors.
A. No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection (A), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection (A). This subsection (A) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
B. Any person who knowingly violates the provisions of subsection (A) commits the offense of abusing toxic vapors.
C. For the purposes of this section, the term “toxic vapors” means the following substances or products containing such substances:
1. Alcohols, including methyl, isopropyl, propyl, or butyl;
2. Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
3. Acetone;
4. Benzene;
5. Carbon tetrachloride;
6. Cyclohexane;
7. Freons, including freon 11 and freon 12;
8. Hexane;
9. Methyl ethyl ketone;
10. Methyl isobutyl ketone
11. Naphtha;
12. Perchlorethylene;
13. Toluene;
14. Trichloroethane; or
15. Xylene.
D. In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (C) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof. (Ord. O-2006-21 § 4).
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