Town of Mount Pleasant, NY Chapter 134 Marijuana, Unlawful Possession, Distribution and Consumption of

[HISTORY: Adopted by the Town Board of the Town of Mount Pleasant 3-12-2019 by L.L. No. 3-2019. Amendments noted where applicable.]

§ 134-1 Word usage and definitions.

A. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

B. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:

MARIJUANA

Means "marijuana", or "concentrated cannabis."

(1) "Concentrated cannabis"

(a) The separate resin, whether crude or purified, obtained from a plant of the genus Cannabis; or

(b) A material, preparation, mixture, compound or other substance which contains more than 2 1/2% by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering system, tetrahydorcannabinol or its isomer, delta numbering system, or delta-II (6) monterpene.

(2) MARIJUANA All parts of the plant of the genus Cannabis, whether grown 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, its seeds or resin. It does not include the mature stalks of the plant, fiber, produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture or preparation of the mature stalks (excepts the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

PERSON

Any person, firm, institution, government or governmental subdivision or agency, partnership, association, corporation, company business trust, estate, trust, or organization of any kind.

PUBLIC PLACE

A place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, sidewalks, transportation facilities, schools, places of amusement, parks, playgrounds, hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

TOWN

The Town of Mount Pleasant.

§ 134-2 Unlawful possession of marijuana.

No person or persons shall:

A. Knowingly and unlawfully possess marijuana within the corporate limits of the Town of Mount Pleasant; or

B. Knowingly and unlawfully possess marijuana in a public place and such marijuana is burning or open to public view within the corporate limits of the Town of Mount Pleasant.

§ 134-3 Penalties for offenses.

Any person who shall violate any provision of this chapter shall be fined in an amount not exceeding $1,000 or be imprisoned in the county jail for a term not exceeding 15 days, or both, upon conviction of such violation. Each day such violation is committed or permitted to continue shall constitute a separate violation and shall be punishable as such hereunder.

§ 134-4 Construal.

Nothing in this chapter shall be construed to abrogate or impair the powers of any department of the Town to enforce any of its ordinances or regulations nor prevent or punish for violations thereof. The provisions of this chapter shall be in addition and supplemental to the provisions of any other law or ordinance.