6-3I-2: UNLAWFUL POSSESSION OR OPEN AND PUBLIC CONSUMPTION OR USE OF MARIJUANA BY AN UNDERAGE PERSON:
A. Except as described in subsection C of this section and in section 6-3I-10 of this article, it is unlawful for any person under twenty one (21) years of age to possess or openly and publicly consume or use marijuana or marijuana concentrate. Any person convicted of having violated this subsection shall be punished by a fine as follows:
Offense Number | Fine Amount |
|---|---|
First offense | $100.00 or less |
Second offense | 250.00 or less |
Third offense and each subsequent offense | 500.00 |
B. Pursuant to rule 210(b)(5) of the Colorado Municipal Court Rules of Procedure the Municipal Judge shall specify by suitable schedules the amount of the fines to be imposed for a first offense or a second offense violation of subsection A of this section. (Ord. 40, Series 2013)
C. The possession, consumption, or use of marijuana by any person under twenty one (21) years of age shall not constitute a violation of subsection A of this section if such possession, use, or consumption is lawful under article 11 of title 44, Colorado Revised Statutes. (Ord. 32, Series 2018)
D. Prima facie evidence of a violation of subsection A of this section shall consist of:
1. Evidence that the defendant was under twenty one (21) years of age and possessed or openly and publicly displayed, consumed, or used marijuana or marijuana concentrate anywhere within the town; or
2. Evidence that the defendant was under twenty one (21) years of age and manifested any of the characteristics commonly associated with marijuana intoxication or impairment while present anywhere within the town.
E. The procedure described in section 6-3I-9 of this article shall apply to persons charged with a violation of subsection A of this section. (Ord. 40, Series 2013)