(Published in the McAlester News-Capital December 22nd, 2017.) TOWN OF QUINTON ORDINANCE NO: 2017-12-14 AN ORDINANCE AMENDING THE TOWN CODE OF THE TOWN OF QUINTON, OKLAHOMA, AMENDING CHAPTER 4 SECTION 5-4 D-2 OF THE CODE OF ORDINANCES OF THE TOWN OF QUINTON PROVIDING FOR OFFENSES RELATING TO CONTROLLED SUBSTANCES OFFENSES; DEFINING TERMS; PROVIDING FOR PROHIBITIONS; PROVIDING FOR SEVERITY AND PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR FINES AND COST. BE ORDAINED BY THE MAYOR AND THE BOARD OF TRUSTEE OF QUINTON, OKLAHOMA; SECTION 1. CHAPTER 4, OFFENSES, SECTION 5-4 D-2 OFFENSES RELATING TO CONTROLLED DANGEROUS SUBSTANCES OF THE TOWN OF QUINTON CODE OF ORDINANCES IS HEREBY AMENDED AND SHALL HEREINAFTER READ AS FOLLOWS: SECTION 5-4 D-2. OFFENSE RELATING TO CONTROLLED DANGEROUS SUBSTANCES. 1. DEFINITIONS: FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING WORDS AND TERMS SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN THIS SUBSECTION: A. CONTROLLED DANGEROUS SUBSTANCE: A SUBSTANCE OR IMMEDIATE PRECURSOR AS DEFINED IN 63 O.S. 2-101 (8) WHICH "CONTROLLED DANGEROUS SUBSTANCE" MEANS A DRUG, SUBSTANCE OR IMMEDIATE PRECURSOR IN SCHEDULES I THROUGH V OF THE UNIFORM CONTROLLED DANGEROUS SUBSTANCES ACT OR ANY DRUG, SUBSTANCE OR IMMEDIATE PRECURSOR LISTED EITHER TEMPORARILY OR PERMANENTLY AS A FEDERALLY CONTROLLED SUBSTANCE. ANY CONFLICT BETWEEN STATE AND FEDERAL LAW WITH REGARD TO THE PARTICULAR IN WHICH A SUBSTANCE IS LISTED SHALL BE RESOLVED IN B. DRUG PARAPHERNALIA: THE MEANING PRESCRIBED BY 63 O.S. 2-101.1 AND IN DETERMINING WHETHER AN OBJECT IS "DRUG PARAPHERNALIA", THE FOLLOWING SHALL BE CONSIDERED IN ADDITION TO ALL OTHER LOGICALLY RELEVANT FACTORS: 1. STATEMENTS BY OWNER OR BY ANYONE IN CONTROL OF THE OBJECT CONCERNING ITS USE. 2. THE PROXIMITY OF THE OBJECT IN TIME AND SPACE TO A DIRECT VIOLATION OF THE UNIFORM CONTROLLED DANGEROUS SUBSTANCES ACT. 3. THE PROXIMITY OF THE OBJECT TO CONTROLLED DANGEROUS SUBSTANCES. 4. THE EXISTENCE OF ANY RESIDUE OF CONTROLLED DANGEROUS SUBSTANCES ON THE OBJECT. 5. DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE INTENT OF AN OWNER OR OF ANYONE IN CONTROL OF THE OBJECT TO DELIVER IT TO ANY PERSON WHO INTENDS TO USE THE OBJECT TO FACILITATE A VIOLATION OF THE UNIFORM CONTROLLED DANGEROUS SUBSTANCES ACT. THE INNOCENCE OF AN OWNER, OR OF ANYONE IN CONTROL OF THE OBJECT AS TO A DIRECT VIOLATION OF THIS ACT SHALL NOT PREVENT A FINDING THAT THE OBJECT IS INTENDED FOR USE OF FASHIONED SPECIFICALLY FOR USE AS DRUG PARAPHERNALIA. 6. INSTRUCTIONS, ORAL OR WRITTEN, PROVIDED WITH THE OBJECT WHICH EITHER STATE DIRECTLY OR IMPLY THAT THE OBJECT IS TO BE USED FOR THE CONSUMPTION OF CONTROLLED SUBSTANCES. 7. DESCRIPTIVE MATERIALS ACCOMPANYING OBJECT WHICH EXPLAIN OR DEPICT ITS USE AS AN OBJECT FOR THE CONSUMPTION OF CONTROLLED SUBSTANCES; THE MANNER IN WHICH THE OBJECT IS DISPLAYED FOR SALE; WHETHER THE OWNER, OR ANYONE IN CONTROL OF THE OBJECT, IS A LEGITIMATE SUPPLIER OF LIKE OT RELATED ITEMS TO THE COMMUNITY, SUCH AS A LICENSED DISTRIBUTOR OR DEALER OF TOBACCO PRODUCTS; DIRECT OR CIRCUMSTANTIAL EVIDENCE OF THE RATIO OF SALES OF THE OBJECT OR OBJECTS TO THE TOTAL SALES OF THE BUSINESS ENTERPRISE. 8. THE EXISTENCE AND SCOPE OF LEGITIMATE USES FOR THE OBJECT IN THE COMMUNITY. 9. EXPERT TESTIMONY CONCERNING ITS USE. C. MARIJUANA: THE MEANING FOR MARIJUANA IS THAT AS PRESCRIBED BY 63 O.S. 2-101 WHICH STATES THAT "MARIJUANA" MEANS ALL PARTS OF THE PLANT CANNABIS SATIVA I., 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 OF SUCH PLANT, ITS SEEDS OR RESIN, BUT SHALL NOT INCLUDE: 1. THE MATURE STALKS OF SUCH PLANT OR FIBER PRODUCES FROM SUCH STALKS. 2. OIL OR CAKE MADE FROM THE SEEDS OF SUCH PLANT, INCLUDING CANNABIDIOL DERIVED FROM THE SEEDS OF THE MARIJUANA PLANT. 3. ANY OTHER COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE OR PREPARATION OF SUCH MATURE STALKS (EXCEPT THE RESIN EXTRACTED THEREFROM), INCLUDING CANNABIDIOL DERIVED FROM STALKS, FIBER OIL OR CAKE. 4. THE STERILIZED SEED OF SUCH PLANT WHICH IS INCAPABLE OF GERMINATION. 5. FOR ANY PERSON PARTICIPATING IN A CLINICAL TRIAL TO ADMINISTER CANNABIDIOL FOR THE TREATMENT OF SEVERE FORMS OF EPILEPSY PURSUANT TO TITLE 63 OF OKLAHOMA STATE STATUES, A DRUG OR SUBSTANCE APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR USE BY THOSE PARTICIPANTS. 6. FOR ANY PERSON OR THE PARENTS, LEGAL GUARDIANS OR CARETAKERS OF THE PERSON WHO HAVE RECEIVED WRITTEN CERTIFICATION FROM A PHYSICIAN LICENSED IN THIS STATE THAT THE PERSON HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING LENNOX-GASTAUT SYNDROME. DRAVET SYNDROME, ALSO KNOWN AS SEVERE MYOCLONIC EPILEPSY OF INFANCY, OR ANY OTHER SEVERE FORM OF EPILEPSY THAT IS NOT ADEQUATELY TREATED BY TRADITIONAL MEDICAL THERAPIES, SPASTICITY DUE TO MULTIPLE SCLEROSIS OR DUE TO PARAPLEGIA INTRACTABLE NAUSEA AND VOMITING, APPETITE STIMULATION WITH CHRONIC WASTING DISEASES, THE SUBSTANCE CANNABIDIOL, A NON-PSYCHOACTIVE CANNABINOI, FOUND IN THE PLANT CANNABIS SATIVA L. OR ANY OTHER PREPARATION THEREOF, THAT HAS A TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAN THREE-TENTHS OF ONE PERCENT (0.3%) AND THAT IS DELIVERED TO THE PATIENT IN THE FORM OF A LIQUID. 7. INDUSTRIAL HEMP, FROM THE PLANT CANNABIS SATIVA L AND ANY PART SUCH PLANT, WHETHER GROWING OR NOT, WITH DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION OF NOT MORE THAT THREE-TENTHS OF ONE PERCENT (0.3%) ON A DRY WEIGHT BASIS WHICH SHALL NOT BE GROWN ANYWHERE IN THE STATE OF OKLAHOMA BUT MAY BE SHIPPED TO OKLAHOMA PURSUANT TO STATE STATUE. D. PROHIBITIONS: IT IS UNLAWFUL FOR ANY PERSON KNOWINGLY TO: 1. MANUFACTURE, GROW, HARVEST, CULTIVATE, PROPAGATE, PLANT, COMPOUND, CONVERT, PRODUCE, PROCESS, TEST, PACK, REPACK, STORE, DISTRIBUTE, DISPENSE, POSSESS, DISTRIBUTE OR DISPENSE AND CONTROLLED DANGEROUS SUBSTANCE NOT AMOUNTING TO A FELONY UNDER OKLAHOMA STATUTES. 2. USE, HAVE, INJECT, INGEST, INHALE, OTHERWISE INTRODUCE INTO THE HUMAN BODY, OR POSSESS ANY CONTROLLED DANGEROUS SUBSTANCE NOT AMOUNTING TO A FELONY UNDER OKLAHOMA STATUES. 3. USE OR POSSESS DRUG PARAPHERNALIA OR DELIVER, POSSESS OR MANUFACTURE ANY SUCH PARAPHERNALIA SINGLY OR IN CONJUNCTION WITH ANY OTHER PERSON. 4. APPEAR OR BE UPON OR IN ANY STREET, ALLEY, PLACE OF BUSINESS OR OTHER PUBLIC PLACE WITHIN THE MUNICIPAL LIMITS WHILE UNDER THE INFLUENCE OR DISPENSE ANY CONTROLLED DANGEROUS SUBSTANCE NOT AMOUNTING TO A FELONY UNDER OKLAHOMA STATUES. E. EXEMPTIONS FORM PROHIBITIONS: THIS SECTION SHALL NOT APPLY TO ANY MARIJUANA OR CONTROLLED DANGEROUS SUBSTANCE LAWFULLY OBTAINED OR AUTHORIZED BY VALID PRESCRIPTION ORDER FROM A LICENSED PHYSICIAN WHILE ACTING IN THE COURSE OF HIS PROFESSIONAL PRACTICE. F. CONDITIONS OF BOND FOR VIOLATIONS OF THIS SECTION: WHENEVER A PERSON IS ARRESTED BY AN OFFICER FOR A VIOLATION OF ANY PROHIBITION UNDER THIS ORDINANCE, SAID PERSON SHALL BE ADMITTED TO BAIL EITHER BEFORE OR AFTER ARRAIGNMENT OR RELEASED TO SAID PERSON'S OWN RECOGNIZANCE. THE AMOUNT AND ANY CONDITIONS OF BAIL GRANTED UNDER THIS SECTION SHALL BE DETERMINED BY THE MUNICIPAL JUDGE, WHO SHALL PRESCRIBE RULES FOR THE RECEIPT OF BAIL AND FOR RELEASE BY PERSONAL RECOGNIZANCE. IN THE EVENT OF ARRESTS AT NIGHT, OTHER EMERGENCIES OR WHEN THE MUNICIPAL JUDGE IS NOT AVAILABLE, THE CHIEF OF POLICE (OR OTHER OFFICERS) SHALL BE AUTHORIZED BY THE MUNICIPAL JUDGE, UNDER SUCH CONDITIONS SHALL BE PRESCRIBED BY SAID JUDGE, TO ACCEPT A MONEY ORDER BOND IN A SUFFICIENT AMOUNT TO SECURE THE APPEARANCE OF THE ACCUSED, BUT IN NO EVENT SHALL THE MONEY ORDER BOND BE MORE THAN THE ALLOWABLE MAXIMUM FINE FOR EACH OFFENSE CHARGED. THE CHIEF OF POLICE (OR HIS DESIGNATED REPRESENTATIVE) IS AUTHORIZED, SUBJECT TO SUCH CONDITIONS AS SHALL BE PRESCRIBED BY THE MUNICIPAL JUDGE, TO RELEASE AN INDIVIDUAL ON SAID PERSON'S OWN RECOGNIZANCE. SECTION 2. FINE: ANY PERSON WHO VIOLATES ANY SECTION OF THIS ORDINANCE SHALL UPON CONVICTION, BE PUNISHED BY A FINE OR NOT MORE THAN FOUR HUNDRED NINETY NINE DOLLARS ($499.00), EXCLUDING COSTS, FEES, AND ASSESSMENTS. SECTION 3. SEVER ABILITY: IF ANY SECTION, SUBSECTION, SENTENCE, CLAUSE, PHRASE OR PORTION OF THIS ORDINANCE IS FOR ANY REASON HELD INVALID OR UNCONSTITUTIONAL BY ANY COURT OF COMPETENT JURISDICTION SAID PORTION SHALL BE DEEMED A SEPARATE, DISTINCT AND INDEPENDENT PROVISION AND SUCH HOLDINGS SHALL NOT EFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS ORDINANCE. SECTION 4. EFFECTIVE DATE FOLLOWING PASSAGE OF THIS ORDINANCE BY THE BOARD OF TRUSTEES, WITH SEPARATE APPROVAL OF ITS EMERGENCY CLAUSE, HE PROVISIONS ENACTED BY THIS ORDINANCE SHALL BE EFFECTIVE AND ENFORCEABLE ON AND AFTER DECEMBER 14, 2017 SECTION 5. EMERGENCY CLAUSE THAT AN EMERGENCY IS NOW DECLARED TO EXIST FOR THE PRESERVATION OF THE PUBLIC PEACE, HEALTH AND SAFETY. APPROVED IN AN OPEN MEETING OF THE TOWN OF QUINTON BOARD OF TRUSTEES AND PASSED BY AN AFFIRMATIVE MAJORITY VOTE OF THE ENTIRE MEMBERSHIP OF THE BOARD OF TRUSTEES, TO-WIT:(4) YES, (0) NO, (0) ABSTAINING, (1) ABSENT, ON THIS 14TH DAY OF DECEMBER 2017. /s/ALLEN MILLER, MAYOR OF THE TOWN OF QUINTON ATTEST: /s/ CARLA MONTGOMERY, TOWN CLERK APPROVED: /s/ KAY WALL, CITY ATTORNEY
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