§ 17-7. Personal possession of marijuana.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Adult shall mean any person 18 years of age or older.

(2)

Cannabis shall mean all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include "low-THC cannabis," as defined in F.S. § 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with F.S. § 381.986.

(3)

Marijuana shall have the same meaning as the term "cannabis."

(4)

Drug paraphernalia shall have the same meaning as that term has been defined in F.S. § 893.145. In determining whether an object is drug paraphernalia, a court or other authority or jury shall consider, in addition to all other logically relevant factors, the factors identified in F.S. § 893.146.

(b)

Prohibition. No adult shall possess:

(1)

Cannabis (marijuana) in an amount of 20 grams or less, as set forth in F.S. § 893.13(6)(b); or

(2)

Drug paraphernalia used in ingesting cannabis, as set forth in F.S. §§ 893.146 and 893.147(l)(b).

(c)

Enforcement and remedies.

(1)

The Monroe County Sheriff and deputies, any municipal police officer, and any other law enforcement officer authorized to enforce county ordinances shall have the authority to enforce the provisions of this section by means of the issuance of a citation to the alleged violator.

(2)

Applicability. A law enforcement officer may not charge a person in violation of this prohibition if the officer also intends to charge the person with violating a comparable state statute for the same event, as referenced in subsection (b)(l) and (2).

(3)

The citation shall contain at least the following:

a.

The date and time of issuance;

b.

The name and address of the person to whom the citation was issued;

c.

The date on which the infraction was occurred;

d.

The name and title of the law enforcement officer or code enforcement officer;

e.

The procedure for the person to follow in order to pay the penalty or to contest the citation;

f.

The applicable penalty if the person elects to contest the citation;

g.

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court, as required by the citation, the person shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of $500.00. In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.

(4)

Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(d)

Penalty. Upon conviction, any person violating this section shall be punished as provided by law.

(1)

[Fine.] Notwithstanding any other provision of this section, a violation of subsection (b) shall be punishable by a fine. The minimum penalty for a violation shall be a fine in the amount of at least $100.00 but not to exceed $500.00.

(2)

Civil infraction. Violations of any provision of this section shall constitute a civil infraction.

(3)

Court cost, surcharges and other special charges. Court costs, surcharges and other special charges shall be added by the clerk of the circuit court in the same manner and amounts as provided for class 1 non-criminal violations.

(4)

Uncontested citation. If the party cited does not contest the citation, the penalty given shall be $100.00, which shall be paid at the clerk's office. The clerk is authorized to establish procedures for accepting payment by mail for uncontested citations.

(e)

Applicability. Juvenile offenders are not be eligible to be charged under this section.

(Ord. No. 032-2016, § 1)