CITY of ALBUQUERQUE
TWENTY THIRD COUNCIL
COUNCIL BILL NO.
O-18-12 ENACTMENT NO. ________________________
SPONSORED BY: Patrick Davis and Isaac Benton
ORDINANCE
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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)
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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...
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