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HomeMy WebLinkAboutORD 1078 - ORD Making it a Misdemeanor to Possess a Usable Quantity of Marijuana [] [: o J!lt ,ORDINANCE NUMBER ,1078 AN ORDINANCE MAKING IT A MISDEMEANOR TO ATTEMPT TO 'POSSESS A USABLE QUANTITY OF MARIJUANA OF THE WEIGHT OF TWO (2) OUNCES OR LESSOR'TO ATTEMPT TO POSSESS CERTAIN OTHER DRUGS AND CONTROLLED SUBSTANCES; MAKING CERTAIN EXCEPTIONS; PRO- VIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN -EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West Univer- sityPlace, Texas is hereby amended by the add;,tion of Section 16-5.2, which said Section 16-5.2 shall read as follows: "Section 16-5.2 (A) It shall be unlawful for any person to intentionally or knowing- ly attempt to possess a usable quantity of marijuana 'of the weight of two (2) ounces or less. (B) It shall be unlawful for'any person to intentionally or knowing- ly attempt to possess any compound, mixture, or preparation containing any of the following limited quantities of 'narcotic drugs, which shall include one or more non-narcotic active medicinal ingredients in sufficient proportion to con- fer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams or dihydrocodeine per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams 'of ethylmorphine per 100 milliliters or per 100 grams; , (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 15 milligrams of opium per, 29.5729 milliliters or per 28.35 grams. (C) The provisions of Sections (A) and (B) shall not be applicable: (1) As to the delivery of dangerous drugs to persons included in any of the classes hereinafter named, or to the agents or, employees of such persons, for use in the usual course of their business or practice or in the performance of their official duties, as the case may be; or ,t~~ (2) To the possession of dangerous drugs by such per- sons or their agents or employees for such use: (a) Pharmacy, drug store~ dispensary, apothecary shop, or prescri pti onl aboratory, duly regi s- tered with the State Board of Pharmacy; (b) A person licensed by the State Board of Medical Examiners, State Board of Dental Examiners, State Board of Chiropody Examiners, and State Board of Veterinary Medical Examiners to prescribe and ad- mi nister dangerous drugs. . (C) . Persons ,who procure dangerous drugs for the pur- pose of lawful research, teach'ing, or testing, and not for resale. , o (d) Hospitals which procure dangerous drugs for lawful administration by practitioners. (e) Officers or employees of Federal, State, or local government. ' (f) Manufacturers and Wholesalers registefed with the Commissioner' of Health as required by Chapter 373, Acts of the 57th Legislature,'196l~ as amended (Article 4476-5, Vernon's Texas Civil Statutes). Carriers and Warehousemen. o " ' When such substance was obtained directly from or pursuant to a valid prescription or order of a practitioner, listed in Sub~Section B above, while acting in the course of his professional practice. (D) It shall be no defense to prosecution under this ordinance that the offense attempted was actually committed. (g) (h) (E) For the purpqse of this ordinance "attempt to possess" shall mean: II It shall be an offense, if with speci fi c intent to commit the offense of possession of marijuana of the weight of two (2) ounces or less, or with specific intent to commit the offense of possession of any of the compounds, mixtures or preparations heretofore named in this Ordinance, a person aoes an act, amounting to mor~ than mere preparation that tends but fails to effect the commission of the offense intended." (F) Any person convicted of 'any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00)." Section 2. If any provisions; section, subsection, sentence, clause or phrase of thi s, ordi naDce, , or the, app 1 i cati on of same to any person or set of, circumstances if for any reason held to be unconstitutional, void or invalid, u n [ o !.,.' ;-, the validity of the remalnlng portions'of this ordinance or their application to other persons or sets or Ci rcumstances sha l' not be affected thereby, it being the intent of the City Commission in adopting this ordinance that no portion thereof or provision, or regulation:contained h~rein, shall become in- operative or fail by reason of an 'unconstitutiona:i,ity of any other portion here- of and all provi s ions of th is ord i nance are declared to be severable for that purpose. Section 3. This ordinance shall take effect and be in force immedia- tely from andaft~r its passage and approval as required by law. PASSED AND APPROVED ' thi s 13th day, of Dec~mber, 1976. Commissioners Voting Aye: All Commissioners Voting No: None QcW-~1V~f ATTEST: ~~~ ASS1S an City Secretary'. ,