5-28-17. PENALTIES

The purpose of this ordinance is curtail and eliminate the harmful effect of controlled substances such as methamphetamines, opioids and others on our families and our people.

1. A person convicted of a first offense of 5-28-10 (“Distribution”) shall be imprisoned for a term of not less than one hundred twenty (120) days up to and including the maximum penalty and may be fined an amount not to exceed $2500.00. The court shall require the completion of an alcohol and drug assessment and the defendant shall follow and complete the recommendations of the assessment.
2. A person convicted of a second or subsequent offense of 5-28-10 (“Distribution”) shall be imprisoned for a term of not less than two hundred and forty (240) days not more than three hundred and sixty-five (365) days, and may be fined in an amount not to exceed $5,000.00. The court shall require the completion of an alcohol and drug assessment and the defendant shall follow and complete the recommendations of the assessment.
3. A person convicted of a first offense of 5-28-11 (“Possession”) shall be imprisoned for a term of not less than sixty days (60) days up to and including the maximum penalty and may be fined an amount not to exceed $1000.00. The court shall require the completion of an alcohol and drug assessment and the defendant shall follow and complete the recommendations of the assessment.
4. A person convicted of a second offense of 5-28-11 (“Possession”) shall be imprisoned for a term of not less than one hundred twenty (120) days up to and including the maximum penalty and may be fined an amount not to exceed $2,500.00. The court shall require the completion of an alcohol and drug assessment and the defendant shall follow and complete the recommendations of the assessment.
5. A person convicted of a third or subsequent offense of 5-28-11 (“Possession”) shall be imprisoned for a term of not less than two hundred forty (240) days up to and including the maximum penalty and may be fined an amount not to exceed $5,000.00. The court shall require the completion of an alcohol and drug assessment and the defendant shall follow and complete the recommendations of the assessment.

(History; Ordinance No. 2016-09, Sec. 5-28-15, 5-28-16, Ordinance No. 2018-01, Sec. 5-28-17, Ordinance No. 2019-02)