(a) Minor in Possession of Marihuana. It shall be unlawful for a person under the age of 21 to possess, consume, or otherwise obtain, cultivate, process, transport, or sell marihuana.
(b) Violation; Penalty. A person under the age of 21 who possesses not more than two and one-half ounces of marihuana or who cultivates not more than 12 marihuana plants shall be subject to the following violations and penalties:
(1) For a first violation, the person is responsible for a civil infraction and may be punished as follows:
A. If the person under the age of 18, by a civil fine of not more than one hundred dollars ($100.00) or community service, forfeiture of the marihuana, and completion of four hours of drug education or counseling; or
B. If the person is at least 18 years of age but under 21, by a civil fine of not more than one hundred dollars ($100.00) and forfeiture of the marihuana.
(2) For a second or subsequent violation, the person is responsible for a civil infraction and may be punished as follows:
A. If the person is under the age of 18, by a civil fine of not more than five hundred dollars ($500.00) or community service, forfeiture of the marihuana, and completion of eight hours of drug education or counseling; or
B. If the person is at least 18 years of age but under 21, by a civil fine of not more than five hundred dollars ($500.00) and forfeiture of the marihuana.
(3) A person under the age of 21 who possesses more than two and one-half ounces of marihuana or who cultivates more than 12 marihuana plants shall be shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and forfeiture of the marihuana.
(Ord. 2019-04. Passed 5-13-19.)