1142.0 - Cannabis Flashcards
Why was the cannabis and paraphernalia civil citation was created?
To permit officers and supervisors better use of patrol time, reduce officer downtime, and ease the burden of overcrowded jails and crowded court dockets in Orange County.
The subject must meet the following criteria to be considered for the civil citation:
- The amount of marijuana possessed is 20 grams or less
- The subject is 18 years of age or older
- No other criminal charges are applicable from the same incident
- The subject is qualified for release on his own recognizance(except for residency requirements); and
- The subject has no prior unpaid civil citations for cannabis or paraphernalia.
Prior to issuing the citation, the officer must search what resource?
Orange County court records (https://myeclerk.myorangeclerk.com) to check if the subject has any prior offenses
What additional criteria must be considered before issuing a civil citation?
- The subject is generally qualified for release on her or his own recognizance,requiring:
A.The subject’s identification is known with confidence;
B.The subject will sign the civil citation;
C.No threat to the community or to the subject will result from the subject’s release;and - No other substantial circumstances exist which would make release inappropriate (supervisory approval required).
- The Subject is not required to live or work in Orange County to be eligible for a civil citation, but must be able to provide a reliable address.
If a subject is in possession of both cannabis (20 grams or less) and paraphernalia, how many citations should be issued?
ONE
Possession of Cannbis/Paraphernalia is always a _______ Fine?
Class II
When officers elect to arrest (even in NTA cases)under the misdemeanor statute,officers shall?
document the reason(s) for the decision not to issue the civil citation in lieu of arrest. When that decision is based on officer discretion, the specific reason must be articulatedin the charging affidavit narrative
