Memorandum

City of Lawrence

TO:	Mike Wildgen, City Manager
FROM:	David L. Corliss Assistant City Manager & Director of Legal Services
CC:	Scott Miller, Staff Attorney
Date:	November  3, 2005
RE:	Marijuana Ordinance Consideration

At the October 25, 2005  City Commission meeting, the Commissioners considered a draft ordinance establishing possession of marijuana as a municipal offense subject to prosecution and adjudication in the City’s municipal court.  In response to Commissioner questions at the meeting, attached are two memoranda from the City Prosecutor’s Office.  The first details selected minimum and maximum fines for certain offenses.  A number of other municipal offenses do not have an ordinance required minimum/maximum fine, instead the Municipal Judge establishes a fine schedule, receives recommendations from the prosecutor’s offense at the time of sentencing, and the Judge determines the appropriate sentence.  In enacting an ordinance concerning marijuana possession, the City can not be any less stringent than State law (i.e. No minimum fine, maximum fine of $2,500.00).

The second memo sets out general information on the drug and alcohol classes that are referrals from municipal court.