Escolar Documentos
Profissional Documentos
Cultura Documentos
S. B. NO. 19-106
1SECTION 1. Short title; Title 4, New chapter; and Approval by the voters.
2
(1)
(2)
55, is hereby amended by creating a new chapter titled Marijuana Regulation. Unless
6otherwise specified, the remainder of this Act will be placed into the new chapter titled
7Marijuana Regulation.
8
(3)
This Act shall not become law upon its passage. Instead, this Act shall be
9placed on the ballot as a ballot measure to be voted for in the next Commonwealth
10election as a legislatively referred Commonwealth statute. Upon approval of this statute
11as a ballot measure, the following question will appear on the ballot as representing this
12act; Should the Commonwealth legalize, regulate, and tax marijuana by approving the
13Commonwealth Marijuana Regulation Act of 2016? Upon approval of this act by a
14majority of the voters in the election, this act will immediately become law. If
15disapproved, then this Act will be void and shall not become law.
16SECTION 2. Purposes.
17
(1)
1
2
3
4
1
(a)
Commonwealth;
(b)
(c)
10
11
(d)
12
(e)
13
14
(2)
The Legislature intends that the provisions of this Act, together with the
(a)
17
18
19
marijuana in the coming years, then the people of the Northern Mariana Islands
20
will be ready and able to export marijuana to other states and territories;
21
22
(b)
23
24
25
26
27
28
(c)
(d)
age;
enterprises, gangs, and cartels;
(e)
Prevent
the
unlawful
diversion
of
marijuana
Page 2
from
this
1
2
3
4
1
(f)
from being used as a cover or pretext for the trafficking of other illegal drugs or
4
5
(g)
distribution of marijuana;
6
7
(h)
10
8
9
(i)
11
(j)
(1)
(2)
(3)
20from prohibiting the manufacture, delivery, possession, or use of marijuana to the extent
21necessary to satisfy federal requirements for the grant;
22
(4)
23to a federal contract from prohibiting the manufacture, delivery, possession, or use of
24marijuana to the extent necessary to comply with the terms and conditions of the contract
25or to satisfy federal requirements for the contract;
26
(5)
27
(6)
28federal law.
Page 3
1
2
3
4
1SECTION 5. Definitions. As used in this Act:
2
(1)
(2)
(3)
(4)
(5)
(6)
(7)
15
(8)
16
(9)
17
(10)
18
(11)
(12)
(13)
(14)
26
27
28
(a)
(b)
Page 4
1
2
3
4
1
(A)
(B)
(15)
(16)
6the housing unit at which the occupants of the housing unit are producing, processing,
7keeping, or storing homegrown marijuana or homemade marijuana products.
8
(17)
9rooms, or a single room that is occupied as separate living quarters, in which the
10occupants live and eat separately from any other persons in the building and which have
11direct access from the outside of the building or through a common hall.
12
(18)
13flowers or buds.
14
(19)
Licensee means any person holding a license issued under this Act, or
15any person holding a license or permit issued under any regulation promulgated under
16paragraph SECTION 7(2)(e) of this Act.
17
(20)
18employee, agent, or other representative of a licensee, to the extent such person acts in
19such representative capacity.
20
(21)
(22)
23marijuana by solvent extraction, using solvents other than water or vegetable glycerin,
24such as butane, hexane, isopropyl alcohol, ethanol, and carbon dioxide.
25
(23)
26
family Moraceae.
27
(b)
28
(a)
Page 5
1
2
3
4
1
(24)
2extracts.
3
(25)
(a)
Moraceae.
(b)
(26)
8this Commonwealth.
9
(27)
10Commonwealth.
11
(28)
12
13
(a)
(b)
14
(A)
Marijuana, by itself; or
15
(B)
16
(29)
(30)
19this Commonwealth for resale to a person other than a consumer in this Commonwealth.
20
(31)
(32)
(33)
Page 6
1
2
3
4
1
(34)
(a)
All enclosed areas at the location that are used in the business
operated at the location, including offices, kitchens, rest rooms and storerooms,
(b)
licensed for the production, processing, wholesale sale, or retail sale of marijuana
items; and
(c)
10
production of marijuana outside of a building, the entire lot or parcel, that the
11
12
(35)
(a)
13
Processes means:
(A)
14
15
(B)
16
17
18
19
(C)
20
(D)
21
marijuana items.
22
(b)
23
24
25
(B)
26
27
(36)
28
or harvesting of marijuana.
(a)
Page 7
1
2
3
4
1
(b)
(B)
producer.
(37)
Public place means a place to which the general public has access and
10includes, but is not limited to, hallways, lobbies and other parts of apartment houses and
11hotels not constituting rooms or apartments designed for actual residence, and highways,
12streets, schools, places of amusement, parks, playgrounds and premises used in
13connection with public passenger transportation.
14
(38)
(39)
(1)
21
marijuana at a household by one or more persons 21 years of age and older if the
22
total of homegrown marijuana at the household does not exceed six (6) mature
23
marijuana plants and twenty-five (25) immature plants, and so long as the
24
marijuana produced from those plants remains in the same secure location where
25
26
27
(b)
Page 8
1
2
3
4
1
older if the total of homemade marijuana products at the household does not
(c)
older if the total of homemade marijuana products at the household does not
(d)
10
(e)
11
12
13
(f)
14
15
16
(2)
17
18
are not subject to public view without the use of binoculars, aircraft, or other
19
optical aids.
20
21
22
(b)
23
possession of the cultivator or with the consent of the person in lawful possession
24
of the property.
25
(d)
26
27
punishable by a fine of $100 for a first offense. If the person is found guilty of a
28
second offense within a two-year period, then their marijuana products will be
Page 9
1
2
3
4
1
confiscated and they will be fined $500. If a person is found guilty of a third
offense occurring within a two-year period, then the person will be guilty of a
imprisonment.
(1)
The Department of Commerce has the powers and duties specified in this
7Act, and also the powers necessary or proper to enable it to carry out fully and effectually
8all the purposes of this Act. The jurisdiction, supervision, powers and duties of
9Commerce extend to any person who buys, sells, produces, processes, transports, or
10delivers any marijuana items within this Commonwealth.
11
(2)
The function, duties, and powers of Commerce in this Act include the
12following:
13
(a)
To
regulate
the
purchase,
sale,
production,
processing,
14
15
of this Act.
16
(b)
17
18
marijuana items, and to permit, in its discretion, the transfer of a license of any
19
person.
20
(c)
21
collection of the taxes and duties imposed by this Act. The Division of Revenue
22
and Tax will have the authority to issue, and provide for cancellation, stamps and
23
24
(d)
25
26
prosecution of offenders before the Superior Court for the Commonwealth of the
27
Page 10
1
2
3
4
1
(e)
carrying out the intent and provisions of this Act and to amend or repeal such
regulations. When such regulations are adopted they shall have the full force and
effect of law.
5
6
(f)
(g)
10
(h)
To regulate
the
use
of
marijuana
items
for
scientific,
11
12
(3)
On or before April 20, 2017, Commerce shall prescribe forms and adopt
13such rules and regulations as Commerce deems necessary for the implementation and
14administration of this Act.
15
(4)
16items.
17SECTION 8. Powers and duties of the Division of Agriculture.
18
19assist and cooperate with Commerce to the extent necessary for Commerce to carry out
20the duties of Commerce and the authority under this Act.
21SECTION 9. No liability for official acts.
22
(1)
26may refuse to perform any duty under this Act on the basis that manufacturing,
27distributing, dispensing, possessing, or using marijuana is prohibited by federal law.
Page 11
1
2
3
4
1
(2)
Commerce may not revoke or refuse to issue or renew a license under this
9marijuana items subject to the provisions of this Act. The production, delivery, and
10possession of marijuana items by a licensee or a licensee representative in compliance
11with this Act shall not constitute a criminal or civil offense under Commonwealth law.
12SECTION 13. Purchasers qualifications.
13
14any person under 21 years of age who does not possess a valid prescription or
15recommendation for marijuana issued by a doctor licensed to practice medicine in the
16Northern Mariana Islands.
17SECTION 14. Limitations on purchasing may be imposed.
18
Commerce may limit the quantity of marijuana items purchased at any one time
22items to any person about whom there is any reasonable doubt of the persons having
23reached 21 years of age, shall require such person to produce one of the following pieces
24of identification:
25
(1)
26
(2)
27Commonwealth or by any other State or Territory, so long as the license has a picture of
28the person.
Page 12
1
2
3
4
1
(3)
(4)
(5)
5picture of the person, the name of the person, the persons date of birth and a physical
6description of the person.
7
(1)
(2)
(1)
19for the licensing of persons to produce, process, and sell marijuana within the
20Commonwealth. Upon receipt of a license application, Commerce shall not unreasonably
21delay the processing, approval, or rejection of the application or, if the application is
22approved, the issuance of the license.
23
(2)
(3)
Commerce may not license a premises that does not have defined
26boundaries. A licensed premises need not be enclosed by a wall, fence or other structure,
27but Commerce may require that any licensed premises be enclosed as a condition of
28issuing or renewing a license. Commerce may not license premises that are mobile.
Page 13
1
2
3
4
1SECTION 18. Production license.
(1)
(2)
(3)
6mature marijuana plants must have a micro production license issued by Commerce for
7the premises at which the marijuana is produced.
8SECTION 19. Processor license.
9
(1)
10
(2)
(1)
14Commerce.
15
(2)
16Commerce for the premises at which marijuana items are received, kept, stored, or
17delivered.
18SECTION 21. Retail license.
19
(1)
20
(2)
A marijuana retailer must have a retail license issued by Commerce for the
(1)
Commerce has the right, without prior notice to the owner or the agent of
24the owner, to make an examination of the books and may at any time make an
25examination of the premises of any person licensed under this Act, for the purpose of
26determining compliance with this Act and the rules of Commerce.
27
(2)
28the premises of the licensee. However, the owner or the agent of the owner must be
Page 14
1
SENATE BILL NO. 19-_____
2
3
4
1capable of producing the books of the licensee within three hours of Commerce
2exercising its right to make an examination of the books.
3SECTION 23. Multiple Licenses.
4
The same person may hold one or more production licenses, one or more
5processor licenses, one or more wholesale licenses, and one or more retail licenses.
6SECTION 24. Characteristics of license.
7
(1)
(a)
(b)
10
(c)
11
cause which would be grounds for refusal to issue such license as provided by this
12
Act.
13
(d)
14
(e)
15
originally issued to another premises subject to the provisions of this Act, any
16
17
18
(f)
19
(g)
20
(h)
Not be alienable.
21
(i)
22
(j)
23
(2)
Commerce may, by order, provide for the manner and conditions under
24which:
25
(a)
26
27
Page 15
1
2
3
4
1
2
(b)
(c)
6SECTION 25. License terms; licenses issued for less than year; determination of fees.
7
(1)
Act and renewals thereof shall be issued for a period of one year which shall
10
(2)
11
the first time to an applicant may be issued for less than a year. The fee for a
12
license issued for less than a year under this subsection is the annual license fee
13
16marijuana items only to or on a licensed premises. The sale of marijuana items under any
17license issued by Commerce for retail sales by a licensee shall be restricted to the
18premises described in the license, but deliveries may be made by the marijuana retailer to
19consumers pursuant to bona fide orders received on the licensed premises prior to
20delivery.
21SECTION 27. Application for license; rules; fees.
22
(1)
Any person desiring a license or renewal of a license under this Act shall
Page 16
1
2
3
4
1
(2)
Commerce may reject any application that is not submitted in the form
(3)
(4)
7renewal application for any license authorized by this Act. The application processing fee
8shall be $250.
9
(5)
The annual license fee for any license, except a micro production license,
10granted by this Act shall be$1,000. The license fee is nonrefundable and shall be paid by
11each applicant upon the granting or committing of a license.
12
(6)
The annual license fee for a micro production license shall be $500. The
13license fee is nonrefundable and shall be paid by each applicant upon the granting or
14committing of a license.
15SECTION 28. Grounds for refusing to issue license.
16
(1)
Commerce may not license any applicant under the provisions of this Act
(2)
Commerce may refuse to license any applicant under the provisions of this
19Act if Commerce has reasonable ground to believe any of the following to be true:
20
21
22
(a)
23
(B)
24
(C)
25
26
(D)
27
(E)
Page 17
1
2
3
4
1
(F)
(G)
(H)
(I)
10
11
(J)
12
13
14
(3)
15Commerce may refuse to license an applicant, Commerce may not consider the prior
16conviction of the applicant or any owner, director, officer, manager, employee, agent, or
17other representative of the applicant for:
18
(a)
19
20
The date of the conviction is more than ten years before the
21
(B)
The person has not been convicted more than once for the
22
23
(b)
24
25
The date of the conviction is more than ten years before the
26
(B)
The person has not been convicted more than once for the
27
28
(c)
Page 18
1
SENATE BILL NO. 19-_____
2
3
4
1SECTION 29. Grounds for cancellation or suspension of license.
2
(1)
Commerce may cancel or suspend any license issued under this Act, if
3Commerce finds or has reasonable ground to believe any of the following to be true:
4
(a)
(B)
(C)
10
(D)
11
12
(E)
13
14
(F)
15
16
(G)
17
18
19
20
(b)
21
22
license.
Commerce shall administer this Act, and shall prescribe forms and make such
(1)
28barter, in any manner or by any means, for a consideration, and includes and means all
Page 19
1
SENATE BILL NO. 19-_____
2
3
4
1sales made by any person. It includes a gift by a person engaged in the business of selling
2marijuana, for advertising, as a means of evading this Act, or for any other purpose.
3
(2)
4more wholesale licenses, or one or more retail licenses, a sale of marijuana flowers,
5marijuana leaves, or immature marijuana plants will be deemed to occur if and when the
6marijuana producer processes or takes any other action with respect to such marijuana
7flowers, marijuana leaves, or immature marijuana plants for which a processor license,
8wholesale license, or retail license is required, regardless of whether the marijuana
9producer continues to own or possess the marijuana flowers, marijuana leaves, or
10immature marijuana plants.
11SECTION 32. Tax on marijuana.
12
(1)
(a)
15
(b)
16
(c)
17
(2)
(3)
The rates of tax imposed by this section upon marijuana flowers and
(4)
26marijuana flowers, marijuana leaves, and immature marijuana plants produced and sold
27by any marijuana producer. The taxes specified in this section shall be levied and
Page 20
1
SENATE BILL NO. 19-_____
2
3
4
1assessed to the marijuana producer at the time of the first sale of the marijuana flowers,
2marijuana leaves, and immature marijuana plants by the marijuana producer.
3
(5)
For reporting periods beginning on or after April 20, 2020, the rates of tax
4under subsection (1) of this section may be adjusted once every two years by Division of
5Revenue and Taxation. The Division of Revenue and Taxation may re-compute the rates
6by considering the cost of regulation, the cost of law enforcement, the cost to the
7healthcare system, and the best interests of the Commonwealth. The tax rate may not
8increase or decrease by more than 10% during a single adjustment.
9
(6)
The Division of Revenue and Taxation shall regularly review the rates of
10tax under subsection (1) of this section and make recommendations to the Legislature
11regarding appropriate adjustments to the rates that will further the purposes of:
12
13
14
(1)
The privilege tax imposed by this Act shall be paid to the Department of
17Finance Division of Revenue and Taxation. The taxes covering the periods for which
18statements are required to be rendered by this Act shall be paid before the time for filing
19such statements expires. If not so paid, a penalty of 10 percent and interest at the rate of
20one percent a month or fraction of a month shall be added and collected. Revenue and
21Taxation may refund any tax payment imposed upon or paid in error by any licensee.
22
(2)
23marijuana producer subject to the tax imposed by this Act if, in its discretion, determines
24that the marijuana producer has made a good faith attempt to comply with the taxation
25requirements of this Act.
26
(3)
Except in the case of fraud, Revenue and Taxation may not assess any
27interest or penalty on any tax due under this Act following the expiration of 36 months
28from the date on which was filed the statement required by this Act reporting the
Page 21
1
SENATE BILL NO. 19-_____
2
3
4
1quantities of marijuana flowers, marijuana leaves, and immature marijuana plants upon
2which the tax is due.
3SECTION 34. Statements by marijuana producers as to quantities sold.
4
On or before the 20th day of each month, every marijuana producer shall file with
5the Division of Revenue and Taxation a statement of the quantities of marijuana flowers,
6marijuana leaves, and immature marijuana plants sold by the marijuana producer during
7the preceding calendar month. Given the difficulty in communication, the reporting
8requirement may be altered by regulation for islands north of Saipan.
9SECTION 35. Estimate by Division of Revenue and Taxation when Statement not filed
10or false Statement filed.
11
12SECTION 34 of this Act or files a false statement, the Division of Revenue and Taxation
13shall estimate the quantities of marijuana flowers, marijuana leaves, and immature
14marijuana plants sold by the marijuana producer and assess the privilege taxes thereon.
15The marijuana producer shall be estopped from complaining of the quantities so
16estimated.
17SECTION 36. Lien created by the tax.
18
The privilege tax required to be paid by this Act constitutes a lien upon, and has
19the effect of an execution duly levied against, any and all property of the marijuana
20producer, attaching at the time the marijuana flowers, marijuana leaves, and immature
21marijuana plants subject to the tax were sold, and remaining until the tax is paid. The lien
22created by this section is paramount to all private liens or encumbrances.
23SECTION 37. Records to be kept by marijuana producers.
24
Every marijuana producer shall keep a complete and accurate record of all sales
25of marijuana flowers, marijuana leaves, and immature marijuana plants, and a complete
26and accurate record of the number of ounces of marijuana flowers produced, the number
27of ounces of marijuana leaves produced, the number of immature marijuana plants
Page 22
1
SENATE BILL NO. 19-_____
2
3
4
1produced, and the dates of production. The records shall be in such form and contain such
2other information as Commerce may prescribe.
3SECTION
4prescribed period.
5
(1)
Commerce may, at any time, examine the books and records of any
6marijuana producer, and may appoint auditors, investigators and other employees that
7Commerce considers necessary to enforce its powers and perform its duties under this
8Act.
9
(2)
Every marijuana producer shall maintain and keep for two years all
10records, books and accounts required by this Act and shall provide copies of those
11records, books and accounts to Commerce when requested by Commerce.
12SECTION 39. Failure to pay tax or maintain records.
13
(1)
14
15
18
19
20
21
22
23
24
(a)
Fail to pay the privilege tax prescribed by this Act when it is due;
(b)
or
16
17
(2)
No person shall:
(a)
by this Act;
(c)
Commerce; or
(d)
25
26
preserved.
Page 23
1
2
3
4
1
(1)
All money collected by Division of Revenue and Taxation under this Act
(2)
16including such sums necessary to reimburse the $100,000 revolving fund, shall be paid
17from the Commonwealth Marijuana Account.
18SECTION 41. Distribution of available moneys in Commonwealth Marijuana Account.
19
(1)
(2)
At the end of each month, Revenue and Taxation shall certify the amount
22of moneys available for distribution in the Commonwealth Marijuana Account and, after
23withholding such moneys as Commerce may deem necessary to carry out its obligations
24under this Act, shall within 35 days of the month for which a distribution is made
25distribute the moneys as follows:
26
(a)
27
the Settlement Fund, which resulted from the Northern Mariana Retirement Fund
28
Defined Benefit Plan. If the Office of the Attorney General certifies that the
Page 24
1
2
3
4
1
Commonwealth has no remaining obligation to pay the Settlement Fund, then the
twenty percent to be paid under this section shall be transferred to the General
Fund;
(b)
of alcohol and drug abuse prevention, early intervention, and treatment services;
(c)
projects.
10
11
(d)
(3)
It is the intent of this section that the moneys distributed from the
12Commonwealth Marijuana Account to the distributees in subsection (2) of this section are
13in addition to any other available moneys to such distributees and do not supplant moneys
14available from any other source.
15SECTION 42. Importing and exporting marijuana prohibited.
16
(1)
(2)
22
(a)
23
consideration; or
24
(b)
25
consideration.
Page 25
1
SENATE BILL NO. 19-_____
2
3
4
1SECTION 44. Providing marijuana to intoxicated person; allowing consumption by
2minor on property.
3
(1)
A person may not sell, give or otherwise make available any marijuana
(2)
knowingly allow any other person under the age of 21 years to consume
marijuana items on the property, or allow any other person under the age of 21
years to remain on the property if the person under the age of 21 years consumes
10
(a)
(b)
11
A person who exercises control over private real property may not
This subsection:
(A)
12
13
(B)
14
15
16
(C)
Does not apply if the person under the age of 21 has a valid
17
18
(1)
(2)
(3)
Page 26
1
2
3
4
1
(1)
(2)
2items.
3
4under 21 years of age may not enter or attempt to enter any portion of a licensed premises
5that is posted or otherwise identified as being prohibited to the use of minors.
6
(3)
A person who violates subsection (1) or (2) of this section commits a Class
7B violation.
8
(4)
9person under 21 years of age who violates subsection (1) of this section through
10misrepresentation of age may be required to perform community service and the court
11shall order that the persons driving privileges and right to apply for driving privileges be
12suspended for a period not to exceed one year. If a court has issued an order suspending
13driving privileges under this section, the court, upon petition of the person, may withdraw
14the order at any time the court deems appropriate.
15
(5)
If a person cited under this section is at least 13 years of age but less than
1621 years of age at the time the person is found in default for failure to appear, in addition
17to and not in lieu of any other penalty, the court shall issue notice to the Department of
18Motor Vehicles to suspend the persons driving privileges for no less than six months and
19no more than one year.
20
(6)
21age who is acting under the direction of Commerce or under the direction of
22Commonwealth or local law enforcement agencies for the purpose of investigating
23possible violations of laws prohibiting sales of marijuana items to persons who are under
2421 years of age.
25
(7)
26age who has a valid prescription or recommendation for marijuana issued by a doctor
27licensed in the Northern Mariana Islands.
28SECTION 47. Compliance with standards.
Page 27
1
2
3
4
1
(1)
2Commonwealth unless such marijuana items comply with the minimum standards fixed
3pursuant to law.
4
(2)
(3)
9altered or tampered with in any way by any person not licensed to do so by Commerce.
10
(4)
Commerce may prohibit the sale of any marijuana items for a reasonable
11period of time while it is determining whether the marijuana items comply with minimum
12standards in this Commonwealth.
13
(5)
14during elections.
15SECTION 48. Use of misleading mark or label on container; injurious or adulterated
16ingredients.
17
(1)
No licensee shall use or allow the use of any mark or label on the
18container of any marijuana items which are kept for sale, if the container does not
19precisely and clearly indicate the nature of its contents or in any way might deceive any
20customer as to the nature, composition, quantity, age or quality of such marijuana items.
21
(2)
Commerce may prohibit any licensee from selling any brand of marijuana
(1)
A licensee may not employ any person under 21 years of age in any part of
(2)
28proof that a person performing work at the premises is 21 years of age or older. If the
Page 28
1
SENATE BILL NO. 19-_____
2
3
4
1person does not provide Commerce with acceptable proof of age upon request,
2Commerce may require the person to immediately cease any activity and leave the
3premises until Commerce receives acceptable proof of age. This subsection does not
4apply to a person temporarily at the premises to make a service, maintenance or repair
5call or for other purposes independent of the premises operations.
6
(3)
7Commerce under subsection (2) of this section, Commerce may request that the licensee
8provide proof that the person is 21 years of age or older. Failure of the licensee to respond
9to a request made under this subsection by providing acceptable proof of age for a person
10is prima facie evidence that the licensee has allowed the person to perform work at the
11licensed premises in violation of the minimum age requirement.
12SECTION 50. Mature marijuana plants.
13
(1)
(2)
(1)
18public place.
19
(2)
20
(3)
Marijuana Free Zones. It is unlawful for any person who does not possess
(a)
25
26
27
(b)
Page 29
1
2
3
4
1
(c)
Marianas College, except that the Northern Marianas College may permit the
4
5
(d)
(4)
(5)
(6)
(a)
11
place, then the permit will only be issued for the use of marijuana on a premises
12
owned or operated by the applicant and must describe the time, place, and manner
13
14
(b)
If the permit is issued for a special event, then the permit may alter
15
16
17
(c)
Commerce may not issue a permit for a period greater than one
18
year. Commerce must provide notice and hold a public hearing prior to granting a
19
20
21
(d)
(1)
(2)
28SECTION 54. Marijuana laws supersede and repeal inconsistent local laws.
Page 30
1
2
3
4
1
2paramount and superior to and shall fully replace and supersede any and all laws
3inconsistent with it. Such laws hereby are repealed.
4SECTION 55. Authority of Local Legislative Delegations.
5
(1)
(2)
9addition to, and not in lieu of, the authority granted by Commonwealth law and the
10Constitution of this Commonwealth.
11SECTION 56. Duty of law enforcement to enforce and inform the Attorney General.
12
The Department of Public Safety and all law enforcement officers within the
13Commonwealth shall enforce this Act and assist Commerce in detecting violations of this
14Act and apprehending offenders. Each such enforcing officer having notice, knowledge
15or reasonable ground of suspicion of any violation of this Act shall immediately notify
16the Department of Public Safety, the Department of Commerce, and the Office of the
17Attorney General.
18SECTION 57. Confiscation of marijuana and property.
19
(1)
Whenever any officer arrests any person for violation of this Act, the
20officer may take into possession all marijuana items, and other property which the person
21so arrested has in possession, or on the premises, which is apparently being used in
22violation of sections of this Act.
23
(2)
24items, and other property has been used in violation of Commonwealth law:
25
(a)
26
27
Page 31
1
2
3
4
1
(b)
Commerce.
(3)
5property it receives under paragraph (b) of subsection (2) of this section as it considers to
6be in the public interest. In any such case, all such property, including lockers, chairs,
7tables, cash registers, music devices, gambling devices, furniture, furnishings, equipment
8and facilities for the storing, serving or using of marijuana items shall be confiscated and
9forfeited to the Commonwealth, and the clear proceeds shall be deposited with the
10General Fund.
11
12
The Superior Court and the Attorney General, immediately upon the conviction of
13any licensee of Commerce of a violation of any provision of this Act or the violation of
14any other law of this Commonwealth or ordinance of any municipality therein, in which
15violation marijuana had any part, shall notify Commerce thereof. The Attorney General
16or any law agency shall notify Commerce of any acts, practices or other conduct of any
17such licensee which may be subversive of the general welfare or contrary to the spirit of
18this Act and shall recommend such action on the part of Commerce as will remove the
19evil.
20SECTION 59. Property and places as common nuisances.
21
Any room, house, building, boat, structure or place of any kind where marijuana
22items are sold, manufactured, bartered or given away in violation of Commonwealth law,
23or where persons are permitted to resort for the purpose of using marijuana items in
24violation of Commonwealth law, or any place where marijuana items are kept for sale,
25barter or gift in violation of Commonwealth law, and all marijuana items or property
26subject to confiscation under this Act kept and used in such place is a common nuisance.
27Any person who maintains or assists in maintaining such common nuisance or knowingly
Page 32
1
SENATE BILL NO. 19-_____
2
3
4
1suffers or permits such nuisance to exist in any place of which the person is the owner,
2manager or lessor, shall be guilty of a violation of this Act.
3SECTION 60. Lien on place used to unlawfully handle marijuana.
4
If it is proved that the owner of any building or premises knowingly has suffered
5the same to be used or occupied for the manufacture, sale or possession of marijuana
6items, contrary to the provisions of this Act, such building or premises are subject to a
7lien for, and may be sold to pay all fines and costs assessed against their occupants for
8any violation of this Act. The lien shall be enforced immediately by civil action in any
9court having jurisdiction, by the Attorney General.
10SECTION 61. Governor authorized to suspend license.
11
12Governor may, for the duration of such invasion, disaster, insurrection, riot, or imminent
13danger thereof, immediately suspend without notice any license in the Commonwealth
14granted under this Act.
15SECTION 62. Penalties.
16
(1)
(2)
The penalties provided for by this Act relating to the collection or payment
19of a tax are in addition to, and do not replace, other penalties provided for by
20Commonwealth law.
21
(3)
22Act is a Class A violation. Commerce may reduce the penalty provided by this subsection
23to a Class C violation.
24SECTION 63. The following statutes are repealed and shall be renumbered, subject to
25the discretion of the Law Revision Commission:
26
(1)
6 CMC 2114(c)(13);
27
(2)
6 CMC 2141(c);
28
(3)
6 CMC 2142(c).
Page 33
1
2
3
4
1SECTION 64. Use of marijuana while driving; penalty.
2
(1)
3person uses any marijuana while driving a motor vehicle upon a highway or operating a
4boat at sea.
5
(2)
6Class A misdemeanor.
7
(3)
A prosecution for using marijuana while driving a motor vehicle does not
8preclude a prosecution for driving under the influence of marijuana while driving a motor
9vehicle.
10SECTION 65. Sale of drug paraphernalia prohibited; definition of drug paraphernalia;
11exceptions.
12
(1)
It is unlawful for any person to sell or deliver, possess with intent to sell or
13deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it
14will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture,
15compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
16conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled
17substance.
18
(2)
19equipment, products and materials of any kind which are marketed for use or designed
20for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
21compounding, converting, producing, processing, preparing, testing, analyzing,
22packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or
23otherwise introducing into the human body a controlled substance in violation of
24Commonwealth law. Drug paraphernalia includes, but is not limited to:
25
(a)
26
27
Page 34
1
2
3
4
1
(b)
substances;
4
5
(c)
(d)
substances;
9
10
(e)
11
(f)
12
mannite, dextrose and lactose, marketed for use or designed for use in cutting
13
controlled substances;
14
15
(g)
Separation gins and sifters marketed for use or designed for use in
16
(h)
Containers and other objects marketed for use or designed for use
17
18
(3)
19
(4)
20
(5)
21equipment, products and materials of any kind which are marketed for use or designed
22for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
23compounding, converting, producing, processing, preparing, testing, analyzing,
24packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or
25otherwise introducing into the human body marijuana.
26
(6)
27paraphernalia, a trier of fact should consider, in addition to all other relevant factors, the
28following:
Page 35
1
2
3
4
1
2
(b)
its use;
3
4
(a)
(c)
(d)
(e)
The existence and scope of legitimate uses for the object in the
community; and
(f)
(1)
Except for licensees and licensee representatives, and except for a person
12acting within the scope of and in compliance with SECTION 6(1) of this Act, it is
13unlawful for any person to manufacture marijuana.
14
(2)
15
(3)
(4)
(5)
Page 36
1
2
3
4
1
(1)
2and except for a person acting within the scope of and in compliance with SECTION
36(1)of this Act, it is unlawful for any person to deliver marijuana.
4
(2)
(a)
(b)
(3)
8marijuana is a:
9
(a)
10
consists of less than one avoirdupois ounce of the dried leaves, stems and flowers
11
12
(4)
13of marijuana is a:
14
(a)
15
and the defendant is at least 18 years of age and is at least three years older than
16
the person to whom the marijuana is delivered and the defendant was previously
17
18
19
(b)
20
and the defendant is at least 18 years of age and is at least three years older than
21
22
(c)
23
(A)
Is for consideration;
24
(B)
25
26
(C)
27
21 years of age.
28
(d)
Page 37
1
2
3
4
1
(A)
Is for no consideration;
(B)
(C)
(1)
(2)
11
12
(a)
(b)
13
more, but less than four avoirdupois ounces, by a person under 21 years of age is
14
a Class B misdemeanor.
15
(c)
16
17
(3)
18
19
(a)
(b)
20
21
(4)
(a)
24
(b)
25
(c)
26
(d)
(e)
27
28
form.
Page 38
1
2
3
4
1
(f)
marijuana retailer.
(5)
4
5
Class C felony, if the amount possessed is more than four times the
(b)
times, but not more than four times, the applicable maximum amount specified in
(c)
10
times the applicable maximum amount specified in subsection (4) of this section.
11
(6)
12
13
14
15
18the Attorney General, Commerce, and any other government entity of the Commonwealth
19shall consider case precedent in Oregon to be persuasive when interpreting this Act.
20SECTION 70. Severability.
21
If any provision of this Act or the application of any such provision to any person
This Act and any repealer contained herein shall not be construed as affecting any
27existing right acquired under contract or acquired under statutes repealed or under any
28rule, regulation or order adopted under the statutes. Repealers contained in this Act shall
Page 39
1
SENATE BILL NO. 19-_____
2
3
4
1not affect any proceeding instituted under or pursuant to prior law. The enactment of this
2Act shall not have the effect of terminating, or in any way modifying, any liability civil or
3criminal, which shall already be in existence at the date this Act becomes effective.
4SECTION 72. Effective Date.
5
This Act shall take effect upon its approval by the Governor or upon its becoming
Introduced By:
Sen. Sixto K. Igisomar
Page 40