City Attorney’s Office
Reference: AMENDING SECTION 9-28-40(C) OF THE BRIGHTON MUNICIPAL CODE REGARDING OFFENSES
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Prepared By: Lena McClelland, Acting City Attorney
Date Prepared: August 2, 2021
PURPOSE
To amend Brighton Municipal Code (BMC) Section 9-28-40(c) relating to offenses for drugs and drug paraphernalia to align with state statute.
STRATEGIC FOCUS AREA
Safe, Active and Engaged Community
BACKGROUND
During the 2021 legislative session the Colorado State Legislature passed, and the Governor signed, HB 21-1090. This bill amended certain sections of the Colorado Revised Statutes pertaining to the illegal possession or consumption of marijuana by an underage person. In particular the bill amended the statute to change the amount of marijuana that is considered illegal for consumption or possession from one (1) ounce to two (2) ounces. Currently the BMC in Section 9-28-40(c) states that it “shall be unlawful for any person twenty-one (21) years of age or older to possess more than one (1) ounce of marijuana…” In order to ensure that the BMC is up to date with the amended state statute it is necessary to update the code to change the language from one ounce to two ounces.
FINANCIAL IMPACT
None.
STAFF RECOMMENDATION
Staff recommends that the city council vote to approve the ordinance so that our municipal offenses are in line with the recently amended state statute.
OPTIONS FOR COUNCIL CONSIDERATION
1. Approve the ordinance on first reading as presented.
2. Approve the ordinance on first reading with amendments.
3. Disapprove the ordinance on first reading.
ATTACHMENTS
1. Proposed ordinance.
2. HB 21-1090