19980714 1998-22 ORDINANCE NO. 1998- 22
AN ORDINANCE AMENDING AND REENACTING SECTION
14-20.1, ARTICLE I, CHAPTER 14, OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA,
CONCERNING POSSESSION OF MARIJUANA
BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Section 14-20.1 of Article I, Chapter 14 of the Code
of the City of Fairfax is hereby amended and reenacted in its
entirety to read as follows:
Sec.14-20.1. Possession of Marijuana--Unlawful.
It is unlawful for any person knowingly or intentionally to
possess marijuana unless the substance was obtained directly from,
or pursuant to a valid prescription or order of a practitioner
while acting in the course of his professional practice, or except
as otherwise authorized by the Drug Control Act, Section 54.1-3400,
et seq. of the Code of Virginia, (1950 as amended).
Upon the prosecution of a person for violation of this
section, ownership or occupancy of premises or vehicle upon or in
which marijuana was found shall not create a presumption that such
person either knowingly or intentionally possessed such marijuana.
Any person, who violates this section, shall be guilty of a
misdemeanor and be confined in jail for not more than thirty days
and a fine of not more than $500.00, either or both; any person,
upon a second or subsequent conviction of a violation of this
section shall be guilty of a class 1 misdemeanor.
The provisions of this section shall not apply to members of
state, federal, county, city or town law-enforcement agencies or
correctional officers, as defined in Section 53.1-1 of the Code of
Virginia (1950 as amended), certified as handlers of dogs trained
in the detection of controlled substances when possession of
marijuana is necessary for the performance of their duties.
1998-22
-2
2. This Ordinance shall become effective at 12:01 a.m., July 15,
1998.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
June 23, 1998
July 14, 1998
July 14, 1998
VOTE:
Councilman Coughlan aye
Councilman Greenfield absent
Councilman Lederer aye
Councilman ?etersen aye
Councilman Rasmussen aye
Councilman Silverthorneaye
~/~ohn Mason
MAYOR
"DATE-
ATTEST: