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ORDINANCE NO. 2019-19
AN ORDINANCE AMENDING THE ENID MUNICIPAL CODE, 2014, TITLE 5, “PUBLIC SAFETY,” CHAPTER 5, “GENERAL OFFENSES,” ARTICLE H, SECTION 5-5H-1 “DRUGS AND RELATED SUBSTANCES” TO PROVIDE WHEN A PERSON IN POSSESSION OF MARIJUANA WITHOUT A LICENSE MAY BE RELEASED UPON THEIR OWN RECOGNIZANCE; AUTHORIZE THE RETURN OF LEGAL MEDICAL MARIJUANA TO LICENSEE UPON COURT ORDER; PROVIDE THE LEGAL QUANTITIES OF MARIJUANA FOR PATIENT AND CAREGIVER LICENSEES UNDER OKLAHOMA LAWS; PROVIDING FOR REPEALER, SAVINGS CLAUSE, SEVERABILITY, CODIFICATION, AND EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF ENID, OKLAHOMA:
Section I: That Title 5, Chapter 5, Article H, Section 5-6H-1 is hereby amended to read:
5-5H-1: DRUGS AND RELATED SUBSTANCES:
A. Definitions: As used in this section, the following words and phrases shall have the meanings respectively ascribed to them in this section: CONTROLLED DANGEROUS SUBSTANCE: Shall be as defined in 63 Oklahoma Statutes section 2-101. MARIJUANA: Shall be defined as all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
B. Possession Of Illegal Drugs:
1. It is unlawful for any person knowingly or intentionally to possess any controlled dangerous substance other than marijuana unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner, while acting in the course of his professional practice, or except as authorized by State law.
2. The violation of this subsection B, shall be punishable by a fine of not more than five hundred dollars ($500.00) plus costs.
C. Possession Of Marijuana Without An Oklahoma State Issued Medical Marijuana License
1. It is unlawful for any person knowingly or intentionally to possess marijuana without an Oklahoma State issued medical marijuana license.
2. The violation of this subsection C, shall be punishable by a fine of not more than four hundred dollars ($400.00) plus costs and shall not be subject to imprisonment for the offense.
3. Any law enforcement officer who comes in contact with a person, who is not in possession of a state-issued medical marijuana license, who is in possession of up to one and a half (1.5) ounces of marijuana and who can state a medical condition, and the law enforcement officer is satisfied as to the identity of the person, as well as any other pertinent information the law enforcement officer deems necessary, shall issue to the person a written citation containing a notice to answer the charge against the person in Enid Municipal Court. Upon receiving the written promise of the alleged violator to answer as specified in the citation, the law enforcement officer shall release the person upon personal recognizance unless there has been a violation of another provision of law.
4. If a person who has been charged with this subsection C, has an Oklahoma State Medical Marijuana License that was valid at the time the person was issued a citation under subsection C, the Court may order the medical marijuana returned to said person.
D. Legal Possession of Marijuana With a Oklahoma State Medical Marijuana License
1. A person in possession of an Oklahoma state-issued medical marijuana license may legally possess:
a) up to three ounces of marijuana on their person;
b) six mature marijuana plants;
c) six seedling plants;
d) one ounce of concentrated marijuana;
e) seventy-two ounces of edible marijuana, and
f) eight ounces of marijuana in their residence.
2. Patient Rights. The rights to possess the amount of marijuana, marijuana products, and plants listed in subsection (D)(1) above are cumulative and a duly licensed individual may possess at one time the totality of the items listed therein as long as the individual holds a valid Oklahoma State patient medical marijuana license.
3. Caregiver Rights. A valid Oklahoma State caregiver medical marijuana license shall provide the caregiver with the right to possess the amount of marijuana listed in subsection (D)(1) above for each of the caregiver’s patients under their care and are allowed to deliver marijuana and products to their authorized patients pursuant to the Medical Marijuana and Patient Protection Act, pursuant to 63 O.S. §427.11 However, an individual caregiver shall be limited to exercising the marijuana cultivation rights of no more than five licensed patients.
Section II: Repealer. All ordinances or parts thereof, which are inconsistent with this ordinance, are hereby repealed, most specifically Ordinance 2019-16 passed on August 20, 2019.
Section III: Savings Clause. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceedings now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.
Section IV: Severability. If any one or more of the sections, sentences, clauses or parts of this ordinance, chapter or section shall, for any reason, be held invalid, the invalidity of such section, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this ordinance. It is hereby declared to be the intention of the City Commission of the City of Enid that this section of the Enid Municipal Code would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part not been included.
Section V: State Law References. 63 O.S. §420, §427.8 and §427.11.
Section VI: Codification. This ordinance shall be codified as Title 5, Chapter 5, Article H Sections 5-5H-1 of the Enid Municipal Code, 2014.
Section VII: Emergency. Section VI: EMERGENCY. WHEREAS, it being necessary to give immediate effect to this ordinance to insure compliance with state laws that went into effect on August 30, 2019, and to protect the health, safety and welfare of the residents of Enid, an emergency is hereby declared to exist. By reason whereof, this Ordinance shall take effect and be in full force and effect after its passage, as provided by law.
PASSED AND APPROVED by the Mayor and Board of Commissioners of the City of Enid, Oklahoma, on this 13th day of September, 2019.
CITY OF ENID, OKLAHOMA
/s/ George C. Pankonin
George C. Pankonin, Mayor
/s/ Alissa K. Lack
Alissa Lack, City Clerk
Approved as to Form and Legality:
/s/ Carol Lahman
Carol Lahman, City Attorney