2548 ORDINANCE NO. ZS � V
AN ORDINANCE RECOGNIZING THE ARKANSAS MEDICAL MARIJUANA
AMENDMENT; ADDRESSING VIOLATIONS; DECLARING AN EMERGENCY
AND FOR ALL OTHER PURPOSES.
WHEREAS. the City of West Memphis had adopted the Arkansas State Criminal Code
via Ordinance No. 757 of 1973 as amended and codified in City Code 1 12010 per A.C.A. § 14-
55-501-502 authorizing municipalities to prohibit and punish any act, which the laws of the State
of Arkansas make a misdemeanor, and to prescribe penalties for all offenses in violating any
ordinance of said city not exceeding the maximum for similar offenses against state laws by the
statutes of this state; and
WHEREAS,the State of Arkansas through a statewide vote approved the use of
marijuana for medicinal purposes for qualifying conditions after being issued a registry
identification card via a state constitutional amendment. Arkansas Constitution Amendment 98,
i
also known as the Arkansas Medical Marijuana Amendment of 2016 (hereinafter the
"Amendment"); and
WHEREAS, the Amendment provides an affirmative defense to the use and possession
of marijuana as long as the person using or possessing marijuana is acting in accordance and
compliance with the Amendment; and
WHEREAS, the Amendment also enumerates prohibitions in §6 and provides for the
removal of the affirmative defense protections if the Amendment is violated wherein leaving the
violator to be prosecuted per the Arkansas Criminal Code under the Uniform Controlled
Substance Act.
NOW,THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the Arkansas Medical Marijuana Amendment of 2016 (At k. Const.
Amend. 98), including amendments thereto both presently and hereafter passed is hereby adopted
to and made a part of the West Memphis City Code for the City of West Memphis, Arkansas for
the purpose of maintaining the peace and dignity of the City of West Memphis, Arkansas, and its
citizens.
SECTION 2. That any violation of Arkansas Medical Marijuana Amendment of 2016
(Ark Const. Amend. 98) relating specifically and exclusively to valid cardholders' use and
possession of medical marijuana shall be violation of this Ordinance and subject to the penalties
as stated herein.
SECTION 3. The minimum fines and penalties for the violation of this Ordinance shall
be as follows:
Offense# Mandatory Minimum Fine
1 $250.00
$500.00
3 $750.00
All Subsequent offenses $1,000.00
The minimum fine levels of this Ordinance shall not be less than the minimum fines for
the violation of the same offenses under Arkansas State law when prosecuted as an ordinance
violation of this City and all other minimum penalties under Arkansas State Law are hereby
adopted into this Ordinance. Furthermore, in no event will the penalties imposed for violation of
this Ordinance exceed the maximum penalties for a violation of the same offenses under
Arkansas State Law when prosecuted as an ordinance violations of this City.
SECTION 4. Subject to Constitutional protections, this Ordinance shall in no way limit
or restrict law enforcement from carrying out their duties, applying for or executing search
warrants, conducting searches, seizing property, conducting investigations or any other law
enforcement activity as it relates to violation of the Amendment or criminal statute.
SECTION 5. Violations of the Amendment may still be investigated, charged and
pursued according to Arkansas Uniform Controlled Substance Act or any other applicable
Arkansas State Statute and be subject to prosecution and full range of penalties thereunder.
SECTION 6. If any clause, sentence, paragraph, section or other portion of this
Ordinance or any State Statute incorporated herein by reference be found to be unconstitutional
or invalid or inoperative by a court of competent jurisdiction, such findings shall not affect the
validity of the remainder of this Ordinance or its incorporated provisions, nor shall any
proceeding attacking any portion of this Ordinance operate to affect any portion of the remainder
of said Ordinance not specifically attacked in said proceeding.
SECTION 7. It is ascertained and declared that in order to provide for effective
enforcement of the criminal and traffic offenses committed within the City of West Memphis.
Arkansas for the protection and preservation of the public peace, welfare, safety, and property of
the citizens that the foregoing Ordinance be passed and adopted; that an emergency exists: and
that this Ordinance shall take effect and be in force from and after its passage and publication.
PASSED AND APPROVED this day of — 2020.
MARCO M MCCLENDON, Mayor
ATTEST: f n
CITY CLERK
SPONSORED BY:
CERTIFICATE
STATE OF ARKANSAS
COUNTY OF CRITTENDEN
CITY OF WEFT MEMPPF
I.�//J ev— a'M--1 , the duly appointed, qualified, and acting: City Clerk of
the City of West Memphis, Arkansas, do hereby certify that the attached and foregoing is a true
and correct copy of an ordinance presented to the City Council ofEhe City of West Memphis,
Arkansas, at a meeting of that body held on the day of T y� 2020
same is duly recorded in the minutes of meeting of said Council.
Witness, my hand, and seal of the City of West Memphis, Arkansas this day of
0.
CITY CLERK
•y '�T, '�1j
Q:'?
Seal
CO..
RECEIVED