Town of Nantucket, MA Article I Public Consumption of Marijuana

[Adopted 10-10-2018 STM by Art. 3, approved 5-8-2019]

§ 95-1 Definitions.

The following definitions shall apply to this bylaw.

MARIJUANA

Marijuana as defined in MGL c. 94G, § 1, as may be amended.

MARIJUANA PRODUCTS

Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures, as defined in MGL c. 94G, § 1, as may be amended.

§ 95-2 Public consumption prohibition.

No person shall smoke, burn, vaporize, ingest or otherwise use or consume marijuana or marijuana products while in or upon any public place, including but not limited to any public or private way to which the public has a right of access, sidewalk, footway, passageway, stairway, bridge, park, playground, recreation area, beach, boat landing, public building, school, school grounds, cemetery, parking lot, or any area owned, leased or occupied by or otherwise under the control of the Town of Nantucket, or any place to which members of the public have access as invitees or licensees, or in or upon any bus or other passenger conveyance operated by a common carrier; or in or upon any other place accessible to the public; provided however that this bylaw shall not be construed to limit the lawful medical use of marijuana.

§ 95-3 Prohibition on possession of marijuana in municipal buildings.

No person shall possess marijuana, marijuana products or marijuana accessories within any building owned, leased or occupied by or otherwise under the control of the Town of Nantucket, including, but not limited to the Town Building, the Public Safety Building, other Town office buildings, facilities and Town-owned housing. Lawful medical marijuana users are exempt from this prohibition.

§ 95-4 Enforcement.

The provisions of this article shall be enforced by any police officer of the Town. Any person found in violation of this bylaw may be charged with a noncriminal violation pursuant to MGL c. 40, § 21D. The penalty for each noncriminal violation shall be $200. Any penalty imposed under this bylaw shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.

§ 95-5 Severability.

In the event that any provision, section or clause of this bylaw is hereafter found to be invalid, such decision, invalidity or voidance shall not affect the validity of the remaining portion of this bylaw.