eLaws | eCases | Florida State | Florida Administrative Code | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations | United States Code |
 Cocoa Beach
 Code of Ordinances
 Chapter 15. OFFENSES

  § 15-46. Possession of cannabis and cannabis paraphernalia.

Latest version.

  • (a)

    Definitions: As used in this section, the term:

    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 in F.S. § 381.986.

    Cannabis paraphernalia means any object used, intended for use, or designed for use, 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.

    (b)

    Unlawful possession: It is unlawful and a violation of this Code for any person to possess twenty (20) grams or less of cannabis or cannabis paraphernalia.

    (c)

    Violations: A person found in violation of possession of cannabis paraphernalia under subsection (b) MAY also be found in violation of possession of cannabis under subsection (b) arising out of the same incident IF possessed separately.

    (d)

    Enforcement and penalty:

    (1)

    A police officer of the Cocoa Beach Police Department shall enforce violations of section 15-46.

    (2)

    Any person violating subsection (b) of this section may be issued a civil citation pursuant to chapter 30 of this Code for violation of this section. The class of violation and associated civil penalty, (as defined in section 30-29 of this Code), for violations hereunder shall be set by resolution of the city. If a citation is issued and the citation is contested before the special magistrate, the special magistrate shall have the authority, but not the obligation, to offer the violator an alternative to the payment of the fine consisting of community service under conditions as set by the special magistrate. If the violator does not fulfill the requirements of in the time frame as set by the special magistrate, the civil penalty shall automatically be reinstated.

    (3)

    Any person who willfully refuses to sign and accept a citation issued by a police officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083.

(Ord. No. 1632, § 2, 3-7-2019)