§ 20-78. Possession of not more than one ounce of marijuana.

(a)

As used in this section, unless the context otherwise requires, the term "marijuana" means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin. The term "marijuana" does not include fiber produced from the stalks, oil or cake made from the seeds of the plant or sterilized seed of the plant which is incapable of germination if these items exist apart from any other item defined as "marijuana," in this section. The term "marijuana," does not include marijuana concentrate as defined in C.R.S. § 18-18-102(19).

(b)

It shall be unlawful for any person to knowingly:

(1)

Possess any quantity of marijuana of not more than one ounce; or

(2)

Openly or publicly consume a quantity of marijuana.

(c)

The provisions of this section shall not apply to any person who possesses or uses marijuana as authorized pursuant to state law.

(d)

Transferring or dispensing not more than one ounce of marijuana from one person to another for no consideration shall be deemed possession and not dispensing or sale of marijuana, except as provided under state law.

(e)

Violations of this section shall be punishable by a fine not to exceed $300.00 for each violation.

(Code 1987, § 10-4-19; Ord. No. 02-11, §§ 1—5, 3-9-2011)