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.
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.
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.
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.
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.