Ordinance 2017-1731 - Laserfiche WebLink

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Sec. 9.76.020. Possession and consumption of marijuana by minors; affirmative defense. A It shall be unlawful for any minor to consume, possess, display or have under that person's control any marijuana or marijuana product. B. It shall be an affirmative defense to a charged violation under this section that the minor: (1) on the date of the alleged offense, lawfully possessed a current registry identification card issued by the State of Colorado; and (2) possessed no more marijuana than the amount permitted by Article XVIII, § 14 of the Colorado Constitution. Such evidence shall be presented at an arraignment or at a pre-trial conference on the offense. Any minor who raises this defense waives doctor -patient privilege and confidentiality with respect to the patient registry information. C. An underage person shall be immune from criminal prosecution under this section if he or she establishes the following: 1. The underage person called 911 and reported in good faith that another underage person was in need of medical assistance due to marijuana consumption; 2. The underage person who called 911 provided his or her name to the_911 operator; 3. The underage person was the first person to make the 911 report; and 4. The underage person who made the 911 call remained on the scene with the medical assistance or law enforcement personnel on the scene. D. Prima facie evidence of a violation of subsection A of this section shall consist of: 1. Evidence that the defendant was under twenty-one (21) years of age and possessed or consumed marijuana anywhere in the City. 2._ Evidence that the defendant was under twenty-one (21) years of age and manifested any of the characteristics commonly associated with marijuana impairment while present anywhere in the City. E. Sealing of the Case: Ordinance No, 1731, Series 2017 Page 7 of 9