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Date: 06/24/20 Revision: 07/01/22 Reviewed: 02/20/2 4 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCEDURE Number: GEN 518.01 Page : 1 of 3 SUBJECT: MISDEMEANOR CANNABIS POSSESSION BY AN ADULT - CIVIL CITATION ORDINANCE I. PURPOSE : The purpose of this standard operating procedure is to establish the operational procedures for misdemeanor possession of Cannabis by an adult. II. SCOPE : This procedure shall apply to any person 18 years of age or older, who is in actual or constructive possession of 20 grams or less of Cannabis, provided the violator is not arrested for any reason at the time of the violation . Lawful possession of Cannabis medi cally prescribed by a licensed physician is exempt from this program. III. DISCUSSION : The Hillsborough County Board of Commissioners voted to implement a civil citation program for adults found to be in possession of 20 grams or less of Cannabis. Regu lating the possession of small amounts of Cannabis will be better achieved through civil citations and, where appropriate, the use of drug education or treatment programs. Doubt or uncertainty as to whether a particular offender meets the criteria should be resolved in favor of applying this program in lieu of arrest . IV. DEFINITIONS : A Arrest - A physical arrest by a law enforcement officer or a Notice to Appear, which may result in crimina l charges and a criminal record if convicted. B. Cannabis (Marijuana) - Refers to a ll parts of any plant of the genus Cannabis, whether growing or not, or the seeds thereof. The term does not include “low -THC Cannabis” as defined in Florida Statute Section 381.986 if manufacture d, possessed, sold, purch ased, delivered, distributed, or dispensed in conformance with Section 381.986. “Cannabis ” does not include resin extracted from the plants of the genus Cannabis or any manufactured compound , salt, derivative, mixture, or preparation of such resin. C. Exceptions - This o rdinance is applicable throughout the incorporated and unincorporated areas of Hillsborough County unless a municipality has an ordinance addressing the regulation of Cannabis. At this time, only the City of Tampa has such an ordinance, so the Hillsborough County Ordinance will not apply wit hin the Tampa City limits , but it will apply in all other municipalities. 1. Civil traffic violations are excluded when considering eligibility for this prog ram. Example: If you stop a vehicle for a civil speeding infraction and determine that a concurrent criminal traffic violation has occurred, you may elect to arrest the individual for the criminal traffic violation and still issue a Cannabis Civil Citation . 2. Juveniles are not eligible for the Cannabis Civil Citation. V. PROCEDURE : A. Deputies will utilize t he Civil C itation Ordinance process authorized herein in lieu of an arrest for misdemeanor Cannabis possession whenever the subject meets the following criteria: 1. The amount of Cannabis possessed is 20 grams or less . GEN 518.01 07/01/22 Page 2 of 3 2. The subject is 18 years of age or older . 3. No other criminal charges are applicable from the same incident (excluding criminal traffic violations). 4. The Cannabis tests positiv e via a Field Reagent Test kit. 5. No person shall be eligible to receive a citation for a violation of the Ordinance if the person has previously received a citation and has failed to pay the required penalty, failed to perform the required community service, or challenge d the previously i ssued citation in county court pursuant to Section 9 of the Ordinance. 6. If any of the above criteria are not satisfied, n ormal arrest procedures shall be followed. B. Deputies should fully investigate incidents involving suspected Cannabis possession and will do so utilizing officer safety procedures. Deputies will treat these as any other investigation and fully investigate the incident. If probable cause is develope d indicating the citiz en is in possession of Cannabis , the citizen will be appropriately secured . The citizen, their vehicle, and any other area lawfully subject to search w ill be thoroughly searched. If the citi zen is committing a crime other than misdemeanor possession of Cannabis, the arrest will be made, and all appropriate charges shall be filed in accordance with Sheriff's Office policy. No civil citation would be issued at that time. * 1. In accordance wi th Florida Law , the smell of marijuana provides probable cause for a warrantless search for a Cannabis offense. C. To determine if the subject has any prior unpaid c ivil citations for Cannabis possession, the subject’s name should be run in the Hillsborough County Clerk of Court search located on the 10 -43 page under “Citations.” An unpaid civil c itation disqualifies the subject from receiving any subsequent c ivil citation s for possession of Cannabis. D. If the citizen qualifies for a civil citation for possession of Cannabis, an offense report and a c ivil citation shall be completed. The civil c itation is located within the “CRA Web Portal ” on the 10 -43 page. No Criminal Report Affidavit (CRA)