ORDINANCE NO._______________
OF THE CITY OF HATTIESBURG, MISSISSIPPI
AN ORDINANCE DEVELOPING A PROCESS BY WHICH THOSE
PERSONS CHARGED WITH ONLY A FIRST OFFENSE OF SIMPLE POSSESSION OF
THIRTY (30) GRAMS OR LESS OF MARIJUANA SHOULD BE PROCESSED.

WHEREAS, the City of Hattiesburg (“the City”) has an interest in maintaining the public
safety and general welfare of the City and its visitors; and
WHEREAS, simple possession of marijuana (i.e., possession of thirty (30) grams or less
of marijuana) is presently illegal under Miss. Code Ann. § 41-29-139 (c) (2) (A) 1., as amended,
and that Code subsection provides discretion to law enforcement as to whether to punish the
violation of the subsection by summons if the offender provides proof of identity satisfactory to
the arresting officer and gives written promise to appear in court satisfactory to the arresting
officer, thereby avoiding stigmatizing the offender and creating an undue burden on the City in
regards to jail costs; and
WHEREAS, the Municipal Court of the City is granted jurisdiction to try and dispose of
cases in which a person is in violation of City ordinances and State law, including, but not limited
to simple possession of marijuana.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HATTIESBURG
HEREBY ORDAINS the following:
1. The Hattiesburg Police Department should enforce the violation of Miss. Code Ann. §
41-29-139 (c) (2) (A) 1. As amended, by summons rather than by imprisonment. If an officer
chooses to imprison an offender rather than by summons, that officer shall file with the Chief of
Police a written statement explaining why he or she opted for imprisonment.
2. The Municipal Court should punish an initial violation of Miss. Code Ann. § 41-29-139
(c) (2) (A) 1. As amended, by a fine of not more than One Hundred Dollars ($100.00).
3. The Municipal Court should develop a process by which those persons charged with
only a first offense of simple possession of marijuana will be fast-tracked through the court
process, may pursue non-adjudication of said charge, would receive counseling and, where
appropriate in the opinion of the Municipal Court Judge, referral for treatment.
4. Nothing contained herein is intended to be in conflict with Miss. Code Ann. § 41-29139 (c) (2) (A) 1., as amended, and if any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, the remaining portions of this Ordinance shall remain in effect.

This ordinance shall be effective one (1) month after its passage and after publication
of same as required in 21-13-11 Mississippi Code of 1972.

The foregoing ordinance having been reduced to writing, the same was introduced by
Council member_____________, seconded by Council member ______________, and was
adopted by the following vote, to wit:

 YEAS:

NAYS:

The President thereby declared the motion carried and the Resolution adopted, on
this the 18 day of June, A.D., 2019
th

(SEAL)

ATTEST:

ADOPTED:

______________________
CLERK OF COUNCIL

______________________
PRESIDENT OF COUNCIL

The above and foregoing ordinance having been submitted to and approved by the
Mayor, on this the 18th day of June, A.D., 2019.

ATTEST:

APPROVED:

_____________________
CITY CLERK

________________________
MAYOR