Tafari
02-01-2006, 07:20 PM
(You’re City) Medical Cannabis & Regulation Ordinance
Section 1: TITLE
(You’re City) Medical Cannabis & Regulation Ordinance
Section 2: FINDINGS
The people of (You’re City), Wisconsin find as follows:
WHEREAS the current laws against cannabis have needlessly harmed patients who need it for medical purposes; and
WHEREAS the purpose of this resolution, would include, but not be limited to the treatment of AIDS, glaucoma, cancer, multiple sclerosis, and other diseases which require chemotherapy, as well as other serious illnesses; and
WHEREAS it is a goal of the people of (You’re City) to protect seriously and chronically ill people, and allow those qualified safe access to medicinal cannabis only with a doctors recommendation and under their supervision; and
WHEREAS it is a goal of the people of (You’re City) to keep drugs off the streets and away from children, and to eliminate street dealing and violent crime; and
WHEREAS medical and governmental studies have consistently found cannabis to be less dangerous than alcohol, tobacco and other drugs; and
WHEREAS otherwise law-abiding adults are being arrested or imprisoned for nonviolent cannabis offenses, clogging our courts and jails; and
WHEREAS it is the hope of the people of (You’re City) that there will be state and federal law reform that will eliminate the problems and costs caused by cannabis prohibition;
THEREFORE the people of the City of (You’re City) do hereby enact the following ordinance establishing the cannabis policy of the city.
Section 3: DEFINITION
"Cannabis" - Means the resin extracted from any part of the plant Cannabis Sativa L., or any other non fibrous extract from any part of the plant containing delta-9-tetrahydrocannabinol
Section 4: PURPOSE
The purpose of this ordinance is:
a) To express the compassion of the people of (You’re City) for the medically challenged Patients in our community whose sufferings would be alleviated by the use of medical cannabis.
b) To ensure that patients, for whom cannabis has been recommended by a physician and/or a licensed physician within the United States of America, suffer no punishment or penalty for obtaining, possessing, cultivating, and/or using medicinal cannabis and/or cannabis paraphernalia used to consume medicinal cannabis, and to ensure that individuals are not arrested for the possession of less than 448 grams of medicinal cannabis and/or 25 plants and/or cannabis paraphernalia.
c) Seriously ill Wisconsinites with an appropriate recommended by a physician and/or a licensed physician within the United States of America who has determined that the person's health would benefit from the use of marijuana in the treatment of Cancer, HIV, AIDS, Chronic Pain, Glaucoma, Multiple Sclerosis, or any other serious condition for which marijuana provides relief. Patients who obtain and use cannabis for medicinal purposes upon the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction; once a doctor's recommendation has been provided by the patient, any cannabis and/or cannabis paraphernalia charges against the patient shall be dismissed by the prosecuting attorney. Also, physicians who recommend medicinal cannabis for their patients shall not be subject to any arrest, prosecution, punishment or sanction. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office.
d) To advocate for changes in state law (and at other levels as necessary) to authorize and eliminate criminal penalties for qualified medicinal cannabis use, possession, & cultivation.
e) To direct the (You’re City) Police Department to make investigation, citation, and arrest for private adult cannabis offenses the lowest law enforcement priority, effective immediately upon passage of this ordinance.
f) To direct the City of (You’re City) to tax and regulate the sale of medicinal cannabis for qualified patients, so as to keep Terminal/Chronically Ill Patients from being forced to obtain Medicinal Cannabis off the streets in an unregulated Black Market and to raise revenue for the city, as soon as possible under state law.
g) When any law enforcement officer suspects any person of possession of less than 35 grams of marijuana and/or possession of marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, suffer prosecution, suffer incarceration, suffer loss of driver's license, or any other legal punishment or penalty other than: up to a $25 fine for a first offense, up to $50 for a second offense, up to $100 for a third offense and up to $500 for a fourth. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office.
Section 5: REGULATION
The City of (You’re City) shall establish system to license, tax and regulate medical cannabis as soon as possible under Wisconsin law. At that time, the City Council shall promulgate regulations that include, but are not limited to, the following provisions consistent with Wisconsin law:
a) The sale and distribution to minors will be strictly prohibited;
b) The city shall establish a licensing system for cannabis businesses, with regulations to assure good business practices, compliance with health and safety standards, access for persons with disabilities, and nuisance abatement;
c) Minors shall not be permitted in areas where cannabis is sold, nor shall minors be employed by licensed cannabis businesses;
d) No business licensed to sell cannabis will be located within 500 feet of a school;
e) Cannabis businesses shall be required to pay taxes and licensing fees;
f) The public advertising of cannabis through television, radio, or billboards will be prohibited; and
g) Onsite consumption shall be licensed and subject to reasonable air quality standards.
Section 6: LOWEST LAW ENFORCEMENT PRIORITY
a) The (You’re City) Police Department shall make investigation, citation, and arrest for private adult cannabis offenses Mondovi’s lowest law enforcement priority.
b) This "lowest law enforcement priority" policy shall not apply to distribution of cannabis to minors, distribution or consumption of cannabis in public places, or motor vehicle violations.
Section 7: ADVOCACY FOR LEGISLATIVE REFORM
The City of (You’re City) shall advocate, through its lobbyist and other city officers, for changes to state law (and laws at other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated include:
a) Allow for the cultivation, possession, and consumption of Medicinal cannabis for qualified patients with a doctors recommendation;
b) Grant local control to cities and counties to license and regulate medicinal cannabis businesses, and collect appropriate fees and/or taxes; and
c) End the prosecution, arrest, investigation and imprisonment for adult, private cannabis offenses.
Section 8: SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to there persons or circumstances shall not be affected thereby.
Section 1: TITLE
(You’re City) Medical Cannabis & Regulation Ordinance
Section 2: FINDINGS
The people of (You’re City), Wisconsin find as follows:
WHEREAS the current laws against cannabis have needlessly harmed patients who need it for medical purposes; and
WHEREAS the purpose of this resolution, would include, but not be limited to the treatment of AIDS, glaucoma, cancer, multiple sclerosis, and other diseases which require chemotherapy, as well as other serious illnesses; and
WHEREAS it is a goal of the people of (You’re City) to protect seriously and chronically ill people, and allow those qualified safe access to medicinal cannabis only with a doctors recommendation and under their supervision; and
WHEREAS it is a goal of the people of (You’re City) to keep drugs off the streets and away from children, and to eliminate street dealing and violent crime; and
WHEREAS medical and governmental studies have consistently found cannabis to be less dangerous than alcohol, tobacco and other drugs; and
WHEREAS otherwise law-abiding adults are being arrested or imprisoned for nonviolent cannabis offenses, clogging our courts and jails; and
WHEREAS it is the hope of the people of (You’re City) that there will be state and federal law reform that will eliminate the problems and costs caused by cannabis prohibition;
THEREFORE the people of the City of (You’re City) do hereby enact the following ordinance establishing the cannabis policy of the city.
Section 3: DEFINITION
"Cannabis" - Means the resin extracted from any part of the plant Cannabis Sativa L., or any other non fibrous extract from any part of the plant containing delta-9-tetrahydrocannabinol
Section 4: PURPOSE
The purpose of this ordinance is:
a) To express the compassion of the people of (You’re City) for the medically challenged Patients in our community whose sufferings would be alleviated by the use of medical cannabis.
b) To ensure that patients, for whom cannabis has been recommended by a physician and/or a licensed physician within the United States of America, suffer no punishment or penalty for obtaining, possessing, cultivating, and/or using medicinal cannabis and/or cannabis paraphernalia used to consume medicinal cannabis, and to ensure that individuals are not arrested for the possession of less than 448 grams of medicinal cannabis and/or 25 plants and/or cannabis paraphernalia.
c) Seriously ill Wisconsinites with an appropriate recommended by a physician and/or a licensed physician within the United States of America who has determined that the person's health would benefit from the use of marijuana in the treatment of Cancer, HIV, AIDS, Chronic Pain, Glaucoma, Multiple Sclerosis, or any other serious condition for which marijuana provides relief. Patients who obtain and use cannabis for medicinal purposes upon the recommendation of a physician shall not be subject to any arrest, prosecution, punishment, or sanction; once a doctor's recommendation has been provided by the patient, any cannabis and/or cannabis paraphernalia charges against the patient shall be dismissed by the prosecuting attorney. Also, physicians who recommend medicinal cannabis for their patients shall not be subject to any arrest, prosecution, punishment or sanction. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office.
d) To advocate for changes in state law (and at other levels as necessary) to authorize and eliminate criminal penalties for qualified medicinal cannabis use, possession, & cultivation.
e) To direct the (You’re City) Police Department to make investigation, citation, and arrest for private adult cannabis offenses the lowest law enforcement priority, effective immediately upon passage of this ordinance.
f) To direct the City of (You’re City) to tax and regulate the sale of medicinal cannabis for qualified patients, so as to keep Terminal/Chronically Ill Patients from being forced to obtain Medicinal Cannabis off the streets in an unregulated Black Market and to raise revenue for the city, as soon as possible under state law.
g) When any law enforcement officer suspects any person of possession of less than 35 grams of marijuana and/or possession of marijuana paraphernalia, that person shall not be required to post bond, suffer arrest, suffer prosecution, suffer incarceration, suffer loss of driver's license, or any other legal punishment or penalty other than: up to a $25 fine for a first offense, up to $50 for a second offense, up to $100 for a third offense and up to $500 for a fourth. All such matters shall only be referred to the Municipal Prosecuting Attorney, and no other prosecuting attorney, and the Municipal Prosecuting Attorney shall not refer the matter to any other prosecutor, agency, or office.
Section 5: REGULATION
The City of (You’re City) shall establish system to license, tax and regulate medical cannabis as soon as possible under Wisconsin law. At that time, the City Council shall promulgate regulations that include, but are not limited to, the following provisions consistent with Wisconsin law:
a) The sale and distribution to minors will be strictly prohibited;
b) The city shall establish a licensing system for cannabis businesses, with regulations to assure good business practices, compliance with health and safety standards, access for persons with disabilities, and nuisance abatement;
c) Minors shall not be permitted in areas where cannabis is sold, nor shall minors be employed by licensed cannabis businesses;
d) No business licensed to sell cannabis will be located within 500 feet of a school;
e) Cannabis businesses shall be required to pay taxes and licensing fees;
f) The public advertising of cannabis through television, radio, or billboards will be prohibited; and
g) Onsite consumption shall be licensed and subject to reasonable air quality standards.
Section 6: LOWEST LAW ENFORCEMENT PRIORITY
a) The (You’re City) Police Department shall make investigation, citation, and arrest for private adult cannabis offenses Mondovi’s lowest law enforcement priority.
b) This "lowest law enforcement priority" policy shall not apply to distribution of cannabis to minors, distribution or consumption of cannabis in public places, or motor vehicle violations.
Section 7: ADVOCACY FOR LEGISLATIVE REFORM
The City of (You’re City) shall advocate, through its lobbyist and other city officers, for changes to state law (and laws at other levels of government as necessary) to support the goals and implementation of this ordinance. Legislative changes to be advocated include:
a) Allow for the cultivation, possession, and consumption of Medicinal cannabis for qualified patients with a doctors recommendation;
b) Grant local control to cities and counties to license and regulate medicinal cannabis businesses, and collect appropriate fees and/or taxes; and
c) End the prosecution, arrest, investigation and imprisonment for adult, private cannabis offenses.
Section 8: SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to there persons or circumstances shall not be affected thereby.