§ 43.95. Possession of cannabis or cannabis paraphernalia.

(1)

As used in this section, the term:

a.

Cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include "low-THC cannabis" and "medical cannabis" as defined by section 381.986, Florida Statutes.

b.

Cannabis paraphernalia means any object used, intended for use, or designed for use, in ingesting, inhaling, smoking, or otherwise introducing cannabis into the human body, or any object used, intended for use, or designed for use, in storing, containing, concealing, or transporting cannabis.

(2)

It is unlawful and a violation of this Code for any person to possess cannabis paraphernalia or 20 grams or less of cannabis.

(3)

A person found in violation of possession of cannabis under subsection (2) may not also be found in violation of possession of cannabis paraphernalia under subsection (2) arising out of the same incident.

(4)

Any person violating subsection (2) of this section may be issued a code citation pursuant to Article II, Chapter 5, of this Code, and shall, upon conviction, be punished as provided in Article II, Chapter 5, of this Code, except that first and second time offenders of this section may, in lieu of paying the civil penalty as provided by section 5.19 of this Code, participate in and successfully complete the substance abuse diversionary program created by subsection (5) of this section.

(5)

Substance Abuse Diversionary Program. There is hereby created a substance abuse diversionary program as an alternative to paying the reduced civil penalty for violations of subsection (2) of this section. The purpose of this diversionary program is to provide the opportunity for high-quality substance abuse education or to require meaningful community service to the City of Orlando. Persons cited for violating subsection (2) of this section may, in lieu of paying the reduced civil penalty as provided by section 5.19 of this Code, participate in and successfully complete one of the following two subprograms:

a.

Substance Abuse Education. At least 8 hours of substance abuse education provided by a city-approved non-profit organization.

b.

Community Service. At least 8 hours of community service performed for a city-approved non-profit organization.

The terms and conditions of the Substance Abuse Diversionary Program shall be established by the city prosecutor.

(Ord. No. 2016-36, § 1, 5-9-2016, Doc. #1605091202)