Town of Palmer, MA Chapter 83 Marijuana and Tetrahydrocannabinol

[HISTORY: Adopted by the Town of Palmer 8-10-2009 by Ord. No. 2010-01 (Ch. 50 of the 2007 Code). Amendments noted where applicable.]

§ 83-1 Possession or consumption in public prohibited.

No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in MGL c. 94C, § 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, school bus, cemetery, parking lot, or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.

§ 83-2 Duty to provide true name and address.

A police officer taking cognizance of any violation of this chapter may request the offender to state his true name and address. Whoever, upon such request, refuses to state his name and address, or states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished as set forth in § 83-3 of this chapter. Any such offender so refusing to state his name and address or who states a false name and address or a name and address which is not his name and address in ordinary use may be arrested without a warrant by any officer authorized to serve criminal process and kept in custody until said offender can be taken before a court having jurisdiction of the offense.

§ 83-3 Violations and penalties.

A. Criminal complaint. Whoever violates any of the provisions of this chapter may be penalized by indictment or on complaint brought in the District Court pursuant to MGL c. 40, § 21. Except as may otherwise be provided by law, and as the District Court may see fit to impose, the maximum penalty for any violation of these provisions shall be $300 for each offense. Each day on which a violation exists shall be deemed to be a separate offense; or

B. Noncriminal disposition. Whoever violates any provision of this chapter may be penalized by noncriminal disposition pursuant to MGL c. 40, § 21D and may be punished by a noncriminal fine as follows:

(1) If the offense occurs in or upon any school building, school ground or school bus: $300 for each offense.

(2) If the offense occurs in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, cemetery, parking lot, or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public: $100 for the first offense, $200 for the second offense, and $300 for the third and subsequent offenses. Each day a violation continues shall constitute a separate offense.

C. Any penalty imposed under this chapter shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.

§ 83-4 Severability.

Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect or impair the validity of this chapter as a whole or any part thereof other than the particular provision so declared to be unconstitutional or invalid.