1. Civil Citations for Marijuana Possession County Attorney’s Office Corbin Hanson

2. Current System Possession of marijuana in the amount of 20 grams or less is a first degree misdemeanor and may result in immediate arrest. If convicted, an individual faces imprisonment not exceeding 1 year; a fine of up to $1,000; and a criminal record.

3. Current System Notice to Appear Allowed under the current system as a means to avoid physical arrest. May be issued for misdemeanors of the first or second degree and violations of county ordinances. Not available under certain circumstances.

4. County Regulation Alachua County is not expressly preempted by the State from regulating marijuana possession; Alachua County is likely not impliedly preempted from enacting local regulations of these offenses, provided the penalty is less severe; BUT Alachua County cannot decriminalize marijuana possession and it remains a crime under State law.

5. Enforcement A local ordinance authorizing the use of civil citations for marijuana possession provides an additional tool to law enforcement officers. The Sheriff retains the authority to issue policies regarding when officers should issue civil citations. The officer retains discretion to issue a civil citation, a notice to appear, or physically arrest. Local governments may provide the option of civil citations, but cannot force officers to use it.

6. Civil Citations Local legislation establishing a less severe penalty for marijuana possession. Authorizes law enforcement to issue civil citations to individuals for misdemeanor marijuana possession. Does not result in physical arrest and likely does not result in a criminal record, but may become a public record.

7. Survey of Other Local Governments

8. Miami-Dade County Civil citations available for possession of 20 grams or less of cannabis or drug paraphernalia. $100 citation issued at officer’s discretion.

9. Broward County Citation available for possession of 20 grams or less of cannabis. No more than 3 citations per person, with each citation costing more than the last.

10. Palm Beach County Civil citations available for possession of 20 grams or less of marijuana and drug paraphernalia. $100 fine, no more than 2 citations per person.

11. Municipalities City of Miami Beach City of West Palm Beach City of Hallandale Beach Key West North Miami Beach

12. Unknowns The effect of not paying a civil citation fine and the County’s ability to enforce the penalties. The benefit of a civil citation, as opposed to arrest. Cost of the program.

13. Pending Legislation Senate Bill 618 House Bill 1031

14. Summary Alachua County may regulate concurrently with State law, likely including the regulation of misdemeanor marijuana possession and possession of drug paraphernalia. Civil citation programs do not allow or decriminalize possession of marijuana or drug paraphernalia. Law enforcement officers retain discretion to issue civil citations, issue notices to appear, or physically arrest violators. The unknowns require further analysis.