City of Albuquerque - File #: O-18-12

• File #: O-18-12
• Type: Ordinance
• Status: Enacted
• File created: 3/5/2018
• In control: City Council
• Final action: 4/12/2018
• Enactment date: 4/12/2018
• Enactment #: O-2018-005
• Title: Amending The Criminal Code Of Albuquerque To Remove Marijuana Offenses And Related Penalties; Amending Chapter Eleven Of The Code Of Ordinances To Establish Civil Penalties For Possession Of One Ounce Or Less Of Marijuana Or Marijuana Paraphernalia (Davis, Benton)
• Sponsors: Isaac Benton, Pat Davis

Date	Action By	Action	Result
4/12/2018	City Clerk	Published
4/11/2018	Mayor	Signed by the Mayor
4/6/2018	City Council	Sent to Mayor for Signature
4/2/2018	City Council	Passed	Pass
3/19/2018	City Council	Accepted with a Recommendation Do Pass
3/12/2018	Finance & Government Operations Committee	Sent to Council with a recommendation of Do Pass	Pass
3/5/2018	City Council	Introduced and Referred
3/5/2018	President	Referred

CITY of ALBUQUERQUE
TWENTY THIRD COUNCIL


COUNCIL BILL NO. O-18-12 ENACTMENT NO. ________________________

SPONSORED BY: Patrick Davis and Isaac Benton


ORDINANCE
title
Amending The Criminal Code Of Albuquerque To Remove Marijuana Offenses And Related Penalties; Amending Chapter Eleven Of The Code Of Ordinances To Establish Civil Penalties For Possession Of One Ounce Or Less Of Marijuana Or Marijuana Paraphernalia (Davis, Benton)
body
AMENDING THE CRIMINAL CODE OF ALBUQUERQUE TO REMOVE MARIJUANA OFFENSES AND RELATED PENALTIES; AMENDING CHAPTER ELEVEN OF THE CODE OF ORDINANCES TO ESTABLISH CIVIL PENALTIES FOR POSSESSION OF ONE OUNCE OR LESS OF MARIJUANA OR MARIJUANA PARAPHERNALIA.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. SECTION 12-1-99 OF THE CRIMINAL CODE OF ALBUQUERQUE TITLE "PENALTY" IS AMENDED FOLLOWS:
"?12-1-99 PENALTY
(A) It shall be unlawful to commit any of the acts set forth in Articles 2, 3, 4 and 5 of this chapter.
(B) Any person convicted of a violation of this code for which no other penalty is set forth shall be subject to the penalty provisions set forth in ? 1-1-99 of this code of ordinances, unless a different specific penalty is provided.
(C) Upon conviction of a violation of ?? 12-2-8, 12-2-9, or 12-2-10, in addition to any other penalties, the weapon or weapons shall be forfeited to the city upon order of the Court.
(D) Any person who violates ? 12-4-10 is guilty of a crime and upon conviction shall be subject to the penalty provisions set forth in ? 1-1-99 of this code of ordinances.
(E) Any money seized as a result of a violation of ? 12-4-12 shall be retained by the Mayor until such property is disposed of by order of the Court, which may include forfeiture of any such money to the city.
(F) Any fireworks, gambling devices, or other equipment of any kind used in gambling and any money seized in connection with any gambling or gamb...