10-85 Amend Sect 5130.03 marihuana

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ORDINANCE NO. 10-85 BY: Brown, Gallagher, Graham, McBride, Wendling AN EMERGENCY ORDINANCE to amend paragraphs (c) and (d) of Section- 513.03 of the General Offenses Code of the Codified Ordinances of the City of Lakewood to increase the penalty for possession or use of 30 grams or more of marihuana. WHEREAS, the Supreme Court of Ohio has recently determined that munici- palities may vary the degree of penalty within a misdemeanor classification, and WHEREAS, in the case of drug abuse control, this Council believes that increasing the penalty for possession or use of 30 grams or more of marihuana would substantially deter the trafficking of marihuana within the community, and WHEREAS, this ordinance constitutes an emergency providing for the im- mediate preservation of the public health, safety and welfare; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD STATE OF OHIO: Section 1. That paragraphs (c) and (d) of Section 513.03 of the General Offenses Code of the Codified Ordinances of the City of Lakewood now reading as follows: 513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE. buse: (b) (c) 'W~o~ver violates this section is guilty of drug a- (1) If the drug involved is a compound, mixture, prepara- tion or substance included in Schedule III, IV, or V, drug abuse is a misdemeanor of the third degree, and if the offender has previously been convicted of a drug abuse offense, drug abuse .is a misde- meanor of the second degree. (2) If the drug is marihuana and the amount is less than the bulk amount as defined in Section 513.01(s)(3), drug abuse is a misdemeanor of the fourth degree, unless the amount of marijuana involv- ed is less than 100 grams, the amount of marihuana resin or extraction or preparation of such resin, is less than five §rams~, and the amount of such resin in a liquid concentrate, liquid extract or liquid distillate form, is less than one gram, in which case drug abuse is a minor misdemeanor. (d) Arrest or conviction for a minor misdemeanor viola- tion of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license or other right or privi- lege, or made in connection with the person's appearance as a witness. (ORC 2925.11) shall be and the same are hereby amended to read as follows: 513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OF USE. buse: (a) (c) Whoever violates this section is guilty of drug a- (1) If the drug involved is a compound, mixture, prepara- tion or substance included in Schedule III, IV, or V, drug abuse is a misdemeanor of the third degree, and if the offender has previously been convicted of a drug abuse offense, drug abuse is a misdemeanor of the second degree.