COLUMBIA, MISSOURI MARIJUANA INITIATIVE PETITION

TO: CITY COUNCIL

CITY OF COLUMBIA

COLUMBIA, MISSOURI

We, the undersigned, being duly qualified electors of the City of Columbia, County of Boone, State of Missouri, present this Initiative Petition and respectfully request that the following proposed ordinance of the City of Columbia be passed by the City Council, and if not passed by the City Council, that it be submitted to a vote of the people of the City of Columbia.

The proposed ordinance is as follows:

AN ORDINANCE ESTABLISHING POLICY FOR MEDICAL MARIJUANA, MARIJUANA POSSESSION BY ADULTS, AND PARAPHERNALIA POSSESSION PROSECUTIONS, amending Chapter 16 of the Code of Ordinances of the City of Columbia, Missouri by adding a provision to Division 23 of the Chapter 16 relating to prosecuting marijuana and paraphernalia cases in the Municipal Court of the City of Columbia pursuant to applicable city ordinances, and fixing a time when this ordinance shall become effective.

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF

COLUMBIA, MISSOURI, AS FOLLOWS:

That Chapter 16, Division 23 of the Code of Ordinances of the City of Columbia, Missouri relating to the possession of less than 35 grams of marijuana and possession of drug paraphernalia is amended as follows:

(A) The purpose of this Initiative is to ensure that patients, for whom marijuana has been recommended by a physician, suffer no punishment or penalty for obtaining, possessing, and/or using medicinal marijuana and/or marijuana paraphernalia used to consume medicinal marijuana, and to ensure that individuals are not arrested and suffer only a fine, and no other punishment or penalty, for the possession of less than 35 grams of marijuana and/or marijuana paraphernalia. This Initiative shall be liberally construed for the accomplishment of these purposes.

(B) Seriously ill citizens have the right to obtain, possess, and use up to 35 grams of marijuana for medicinal purposes where that medical use is deemed appropriate and is recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, HIV, AIDS, chronic pain, glaucoma, arthritis, migraines, or any other serious condition for which marijuana provides relief. Patients who obtain and use marijuana 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 marijuana and/or marijuana paraphernalia charges against the patient shall be dismissed by the prosecuting attorney. Also, physicians who recommend marijuana 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, unless the individual is also charged with a felony offense arising from the same set of facts and circumstances.

(C) 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 or any subsequent offense under this Ordinance. 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, unless the individual is also charged with a felony offense arising from the same set of facts and circumstances.

(D) The provisions of this measure are severable—if any provision of this measure is declared invalid, that invalidity shall not affect other provisions of the measure which can be given effect without the invalid provision.

(E) This Ordinance shall be effective upon passage by the Columbia City Council or voters of the City of Columbia and any city ordinance or regulation that is inconsistent with this Ordinance shall be null and void once this Ordinance is passed.

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Each of the undersigned states that he or she has personally signed this Petition, that he or she is a qualified elector of the City of Columbia, Missouri, that he or she has not signed any other Petition for the same proposal, and that his or her residence, including street and number, if such exists, is correctly written below after his or her name.

SIGNATURE PRINTED NAME STREET # ADDRESS

SIGNATURE PRINTED NAME STREET # ADDRESS

STATE OF MISSOURI )

) ss.

COUNTY OF BOONE )

I, ______________________________, being first duly sworn upon oath, state as follows: I circulated the foregoing Initiative Petition: I believe each of the above signers to be a legal voter of the City of Columbia, Missouri; I believe each signature appended to the Petition is a genuine signature of the person whose name it purports to be and all of the above _____ signatures were affixed in my presence.

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Signature

______________________________

Address

SUBSCRIBED AND SWORN to, before me, a notary public, in Columbia, Missouri, this _____ day of ______________, 2002.

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Notary Public

My Commission Expires: _________________