A. "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds. It does not include the mature stalks of the plant, hashish, tetrahydrocannabinols extracted or isolated from marijuana, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
B. It is unlawful for any person intentionally to possess marijuana unless it was obtained pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by law.
C. Any person who is guilty of violating this section with respect to one ounce or less of marijuana shall be punished for the first offense by a fine of not less than fifty dollars nor more lhan one hundred dollars and by imprisonment for not more than fifteen days and for the second and subsequent offenses shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars or by imprisonment for not more than ninety days, or both such fine and imprisonment.
D. Any person convicted of violation of this section, commonly referred to as "possession of marijuana," shall be assessed, in addition to all other fees or fines, a fee of seventy-five dollars. Municipal court shall collect the fee and dispose of the proceeds in accordance with the requirements of Section 31-12-8 N.M.S.A., 1978. (Ord. 360, 1990; prior code §§ 7-1-31, 7-1-31.1)