A. It is unlawful for any person under the age of 21 years to possess 40 grams or less of marijuana in the city. It is unlawful for anyone to possess between 28.3 grams and 40 grams of marijuana in the city.

B. It is unlawful for any person to possess more than 16 ounces of marijuana-infused product in solid form or more than 72 ounces of marijuana-infused product in liquid form. It is unlawful for any person under the age of 21 years to possess any amount of solid or liquid marijuana-infused product.

C. Possession of marijuana or marijuana-infused product in violation of this section shall be considered a misdemeanor.

D. A person who is convicted of a misdemeanor under this section shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred. [Ord. 2012-12-063 § 2; Ord. 10371 § 3, 1992; Ord. 8573 § 2(B), 1977].