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  • Athens-Clarke County Marijuana Decriminalization Ordinance

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    Jonathan Raymond
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    The ordinance would amend the Code of Ordinances of Athens-Clarke County, Georgia regarding possession of marijuana. It would make possession of one ounce or less of marijuana unlawful but punishable by a fine of $1, rather than treating it as a criminal offense. The ordinance aims to prevent people from entering the criminal justice system and facing enduring stigma for simple marijuana possession. It also intends to enhance public safety and reduce the time police spend on arrests for possession of small amounts of marijuana.

    Original Description:

    It was approved 8-1 by the county commission this week.

    Original Title

    Athens-Clarke County marijuana decriminalization ordinance

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    The ordinance would amend the Code of Ordinances of Athens-Clarke County, Georgia regarding possession of marijuana. It would make possession of one ounce or less of marijuana unlawful but punishable by a fine of $1, rather than treating it as a criminal offense. The ordinance aims to prevent people from entering the criminal justice system and facing enduring stigma for simple marijuana possession. It also intends to enhance public safety and reduce the time police spend on arrests for possession of small amounts of marijuana.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    3K views7 pages

    Athens-Clarke County Marijuana Decriminalization Ordinance

    Uploaded by

    Jonathan Raymond
    The ordinance would amend the Code of Ordinances of Athens-Clarke County, Georgia regarding possession of marijuana. It would make possession of one ounce or less of marijuana unlawful but punishable by a fine of $1, rather than treating it as a criminal offense. The ordinance aims to prevent people from entering the criminal justice system and facing enduring stigma for simple marijuana possession. It also intends to enhance public safety and reduce the time police spend on arrests for possession of small amounts of marijuana.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 7

    ATTORNEY REVISION

    AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF ATHENS-CLARKE


    COUNTY, GEORGIA, WITH RESPECT TO POSSESSION OF MARIJUANA; AND FOR
    OTHER LAWFUL PURPOSES
    WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke
    County are authorized by the Charter of Athens-Clarke County to provide for the safety, health,
    peace, security, and general welfare of the community members and visitors of Athens-Clarke
    County; and
    WHEREAS, the Unified Government is committed to creating a safer community by
    reducing crime, working to ensure the safety of its citizens, and fostering a relationship of trust
    and partnership within the community; and
    WHEREAS, enactment of an ordinance concerning the offense of simple marijuana
    possession within Athens-Clarke County limits is intended to enhance public safety and
    eliminate costs by reducing the amount of time police officers spend in connection with the
    arrest, processing, and transportation of those accused of simple marijuana possession; and
    WHEREAS, O.C.G.A. § 36-32-6 grants municipal courts concurrent jurisdiction “to try
    and dispose of cases where a person is charged with the possession of one ounce or less of
    marijuana if the offense occurred within the corporate limits of such municipality”; and
    WHEREAS, enactment of an ordinance concerning the offense of simple marijuana
    possession is further intended to prevent people from entering the criminal justice system and
    avoiding the enduring stigma associated therewith.
    NOW THEREFORE, the Mayor and Commission of Athens-Clarke County, Georgia,
    herby ordains and orders that the Code of Ordinances of Athens-Clarke County shall be amended
    as follows:
    SECTION 1

    Section 3-2-25 entitled “Reserved” of the Code of Athens-Clarke County, Georgia is


    hereby deleted in its entirety and the following new section is inserted in lieu thereof:

    “Sec. 3-2-25. Possession of Marijuana


    (a) It shall be unlawful for any person to possess or have under their control within the
    limits of Athens-Clarke County one (1) ounce or less of marijuana.
    (b) For the purposes of this section the term “marijuana” shall mean all parts of the plant
    of genus cannabis, whether growing or not, the seeds thereof, the resin extracted from
    any part of such plant, and every compound, manufacture, salt, derivative, mixture or
    preparation or such plant, its seeds or resin; but shall not include samples as described
    in subparagraph (P) of paragraph (3) of O.C.G.A. § 16-13-25; and shall not include
    the mature stalks of such plant, fiber produced from such stalks, oil or cake, or the
    completely sterilized samples of seeds of the plant which are incapable of
    germination; and shall not include hemp or hemp products as defined in O.C.G.A. S
    2-23-3 subparagraph (5) and (6).
    (c) Any person found guilty of violating this section shall be punished by a fine of
    $35.00.”
    SECTION 2

    This ordinance shall take effect immediately after passage.

    SECTION 3

    If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance
    or the application thereof to any person or place, is for any reason held to be invalid or
    unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this
    ordinance shall be and remain in full force and effect.

    SECTION 4

    All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

    SECTION 5
    The Clerk of Commission, in consultation with the County Attorney, shall have the power
    to correct scrivener’s errors.

    SO ORDERED AND ORDAINED this ___ day of _______________, 2022.

    THE UNIFIED GOVERNMENT OF ATHENS-


    CLARKE COUNTY, GEORGIA

    __________________________________________
    Kelly Girtz, Mayor
    Attest: __________________________________________
    Jean Spratlin, Clerk of Commission
    Marijuana Possession Decriminalization Ordinance
    Commission-Defined Option (CDO)
    Athens-Clarke County Mayor and Commission
    (Commissioners Houle, Parker, Denson)
    August 2, 2022

    AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF ATHENS-CLARKE COUNTY,


    GEORGIA, WITH RESPECT TO POSSESSION OF MARIJUANA; AND FOR OTHER LAWFUL
    PURPOSES

    WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke County are
    authorized by the Charter of Athens-Clarke County to provide for the safety, health, peace, security, and general
    welfare of the community members and visitors of Athens-Clarke County; and

    WHEREAS, the Unified Government is committed to creating a safer community by reducing crime,
    working to ensure the safety of its citizens, and fostering a relationship of trust and partnership within the
    community; and

    WHEREAS, enactment of an ordinance concerning the offense of simple marijuana possession within
    Athens-Clarke County limits is intended to enhance public safety and eliminate costs by reducing the amount of
    time police officers spend in connection with the arrest, processing, and transportation of those accused of
    simple marijuana possession; and

    WHEREAS, the Mayor and Commission wish to discourage the use of criminal penalties regarding the
    offense of simple marijuana possession and provide for civil alternatives; and

    WHEREAS, the Mayor and Commission find that enforcement of the State laws prohibiting simple
    marijuana possession has been inequitable and has fallen disproportionately on certain subsets of the
    population; and

    WHEREAS, arrest and/or conviction for the State law offense of simple marijuana possession presents
    employment obstacles which marginalize broad swaths of the population; and

    WHEREAS, enactment of an ordinance concerning the offense of simple marijuana possession is


    further intended to prevent people from entering the criminal justice system and avoiding the enduring stigma
    associated therewith;

    NOW THEREFORE, the Mayor and Commission of Athens-Clarke County, Georgia, herby ordains
    and orders that the Code of Ordinances of Athens-Clarke County shall be amended as follows:
    SECTION 1

    Section 3-2-25 entitled “Reserved” of the Code of Athens-Clarke County, Georgia is hereby deleted in
    its entirety and the following new section is inserted in lieu thereof:

    “Sec. 3-2-25. Possession of Marijuana


    (a) It shall be unlawful for any person to possess or have under their control within the limits of
    Athens-Clarke County one (1) ounce or less of marijuana.
    (b) For the purposes of this section the term “marijuana” shall mean all parts of the plant of genus
    cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and
    every compound, manufacture, salt, derivative, mixture or preparation or such plant, its seeds or resin;
    but shall not include samples as described in subparagraph (P) of paragraph (3) of O.C.G.A. § 16-13-25;
    and shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake, or the
    completely sterilized samples of seeds of the plant which are incapable of germination; and shall not
    include hemp or hemp products as defined in O.C.G.A. § 2-23-3 subparagraph (5) and (6).
    (c) Any person found guilty of violating this section shall be punished by a fine of $1.00.”

    SECTION 2

    Violation of this ordinance shall not constitute probable cause for violation of any other law.

    SECTION 3

    This ordinance shall take effect immediately after passage.

    SECTION 4

    If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance or the
    application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final
    decision of any court of competent jurisdiction, the remainder of this ordinance shall be and remain in full force
    and effect.

    SECTION 5

    All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

    SECTION 6

    The Clerk of Commission, in consultation with the County Attorney, shall have the power to correct
    scrivener’s errors.
    AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF ATHENS-CLARKE
    COUNTY, GEORGIA, WITH RESPECT TO POSSESSION OF MARIJUANA; AND FOR
    OTHER LAWFUL PURPOSES
    WHEREAS, the Mayor and Commission of the Unified Government of Athens-Clarke
    County are authorized by the Charter of Athens-Clarke County to provide for the safety, health,
    peace, security, and general welfare of the community members and visitors of Athens-Clarke
    County; and
    WHEREAS, the Unified Government is committed to creating a safer community by
    reducing crime, working to ensure the safety of its citizens, and fostering a relationship of trust
    and partnership within the community; and
    WHEREAS, enactment of an ordinance concerning the offense of simple marijuana
    possession within Athens-Clarke County limits is intended to enhance public safety and
    eliminate costs by reducing the amount of time police officers spend in connection with the
    arrest, processing, and transportation of those accused of simple marijuana possession; and
    WHEREAS, enactment of an ordinance concerning the offense of simple marijuana
    possession is further intended to prevent people from entering the criminal justice system and
    avoiding the enduring stigma associated therewith.
    NOW THEREFORE, the Mayor and Commission of Athens-Clarke County, Georgia,
    herby ordains and orders that the Code of Ordinances of Athens-Clarke County shall be amended
    as follows:
    SECTION 1

    Section 3-2-25 entitled “Reserved” of the Code of Athens-Clarke County, Georgia is


    hereby deleted in its entirety and the following new section is inserted in lieu thereof:

    “Sec. 3-2-25. Possession of Marijuana


    (a) It shall be unlawful for any person to possess or have under their control within the
    limits of Athens-Clarke County one (1) ounce or less of marijuana.
    (b) For the purposes of this section the term “marijuana” shall mean all parts of the plant
    of genus cannabis, whether growing or not, the seeds thereof, the resin extracted from
    any part of such plant, and every compound, manufacture, salt, derivative, mixture or
    preparation or such plant, its seeds or resin; but shall not include samples as described
    in subparagraph (P) of paragraph (3) of O.C.G.A. § 16-13-25; and shall not include
    the mature stalks of such plant, fiber produced from such stalks, oil or cake, or the
    completely sterilized samples of seeds of the plant which are incapable of
    germination; and shall not include hemp or hemp products as defined in O.C.G.A. §
    2-23-3 subparagraph (5) and (6).
    (c) Any person found guilty of violating this section shall be punished by a fine of
    $1.00.”
    SECTION 2

    This ordinance shall take effect immediately after passage.

    SECTION 3

    If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance
    or the application thereof to any person or place, is for any reason held to be invalid or
    unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this
    ordinance shall be and remain in full force and effect.

    SECTION 4

    All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

    SECTION 5
    The Clerk of Commission, in consultation with the County Attorney, shall have the power
    to correct scrivener’s errors.

    SO ORDERED AND ORDAINED this ___ day of _______________, 2022.

    THE UNIFIED GOVERNMENT OF ATHENS-


    CLARKE COUNTY, GEORGIA

    __________________________________________
    Kelly Girtz, Mayor
    Attest: __________________________________________
    Jean Spratlin, Clerk of Commission

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