CHAPTER 12-09
POSSESSION OF MARIJUANA SECTIONS:
12-0901. Definitions.
12-0902. Possession of Marijuana.
12-0903. Jurisdiction.
12-0904. Burden of Proof.
12-0905. Penalty.
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12-0901. DEFINITIONS.
1. "Marijuana" means all parts of the plant cannabis whether growing or not; the seeds thereof; the resinous product of the combustion of the plant cannabis; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
12-0902. POSSESSION OF MARIJUANA. It shall be unlawful to possess marijuana within the jurisdiction of the City of Harwood, North Dakota. For purposes of this section, possession includes actual or constructive possession. Constructive possession shall mean the power and capability to exercise dominion and control over the marijuana.
12-0903. JURISDICTION. The Municipal Court of the City of Harwood shall have jurisdiction over persons possessing not more than one-half (1/2) ounce (14.175 grams) of marijuana, as defined in this chapter, and who are not operating a motor vehicle.
12-0904. BURDEN OF PROOF. In all prosecutions under this chapter involving the analysis of a substance or sample thereof, a certified copy of the analytical report signed by the state toxicologist or the state laboratories director shall be accepted as prima facie evidence of the results of the analytical findings.
12-0905. PENALTY. Every person, firm or corporation violating any of the provisions of this chapter shall upon conviction be guilty of a class B misdemeanor and subject to the imposition of penalties under Section 1-0211 of the Revised Ordinances of 2006 of the City of Harwood; and the court to have power to suspend said sentence and to revoke the suspension thereof.
Source: Ord. 2014-17, Sec. 5 (2014)
12-0906. PROCEDURE TO EXPUNGE RECORD OF CONVICTION. Whenever a person pleads guilty or is found guilty of a first offense regarding the violation of this chapter, the court, upon motion, shall expunge that conviction from the record if that person is not subsequently convicted within two (2) years of the further violation of this chapter and has not been convicted of any other criminal offense.