Fayette Illegal Possession and Transportation ordinance (§ 620.180)

A. No person may possess more than three (3) ounces of recreational marijuana nor more than the amount allowed by law of medical marijuana.

B. No person under the age of twenty-one (21) years may possess, use, ingest, inhale, transport, deliver with or without consideration, marijuana or marijuana accessories, except that qualified patients under the age of twenty-one (21) years may possess medical marijuana or paraphernalia to the extent allowed by law. If the violation of this Section involves three (3) ounces of marijuana or less, the penalty shall be punishable by a fine not to exceed one hundred dollars ($100.00)

C. If the violation of this Section involves three (3) ounces of marijuana or less, the penalty shall be punishable by a fine not to exceed one hundred dollars ($100.00)

D. Illegal Growing.

1. Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing more than six (6) flowering marijuana plants, six (6) nonflowering marijuana plants [over fourteen (14) inches tall], and six (6) clones [plants under fourteen (14) inches tall]; or

2. Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing marijuana plants without being registered with the Department of Health and Senior Services for the cultivation of marijuana plants; or

3. Failing to keep in excess of three (3) ounces of such plants in a locked space not visible by normal, unaided vision from a public place; or

4. Growing or possessing such plants by a person under the age of twenty-one (21) years.

E. Sale To Persons Under Twenty-One (21). No person shall deliver to, transfer to, or sell to a person twenty-one (21) years of age or older marijuana or marijuana paraphernalia.

F. Penalties. Subject to the limitations of this section, a person who possesses not more than twice the amount of marijuana allowed pursuant to this Subsection, produces not more than twice the amount of marijuana allowed pursuant to this Subsection, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age not more than twice the amount of marijuana allowed by this Subsection, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this Subsection:

1. A first violation is subject to an ordinance violation punishable by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana:

2. For a second violation and subsequent violations, is subject to an ordinance violation punishable by a fine not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana:

3. A person under twenty-one (21) years of age is subject to a fine not to exceed two hundred fifty dollars ($250.00). Any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the fine: and

4. In lieu of payment, penalties under this subsection may be satisfied by the performance of community service. The rate of pay-down associated with said service option will be greater than fifteen dollars ($15.00) or the minimum wage in effect at the time of judgment.