[HISTORY: Adopted by the Town of Clinton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-20-2021]
This article is adopted pursuant to Connecticut General Statutes
§ 7-148(c)(7)(H), as amended by Public Act No. 21-1 (June
2021 Special Session), Section 84, which allows municipalities to
regulate activities deemed harmful to public health, including smoking,
on municipally owned or controlled property. Said law further allows
a municipality to control smoking of tobacco or cannabis, including
cannabis e-cigarette use (i.e., electronic delivery systems and vapor
products), as well as any other types of cannabis use or consumption.
For purposes of this article, the Town of Clinton adopts the
definitions used in Public Act No. 21-1 (June 2021 Special Session),
as the same may be amended from time to time.
It shall be unlawful for any person to use cannabis or cannabis-derived
products, regardless of form or manner of ingestion, on any property
owned or controlled by the Town of Clinton. This prohibition includes
but is not limited to the lighting or carrying of a lighted cannabis
or marijuana cigarette or cigar or pipe, use of a vaping device producing
vapor of any cannabis product, or carrying or ingestion of a cannabis
edible substance. Violation of this section shall be punishable by
a fine of $50 per offense.
It shall be unlawful for any person, organization, entity, or
any other party to sell, give, trade, or in any other way transfer
cannabis products of any sort to another person, organization, entity,
or other party on property owned or controlled by the Town of Clinton.
Such products include but are not limited to cannabis or marijuana
cigarettes or cigars or pipes, vaping devices and vaping substances,
and edible substances. Violation of this section shall be punishable
by a fine of $50 per offense.
[Adopted 10-20-2021]
This ordinance is adopted pursuant to Connecticut General Statutes
§§ 7-148(c)(7)(A)(ii), 7-148(c)(7)(H), and 7-148(c)(10)(A),
as amended by Public Act No. 21-1, Section 148 (June 2021 Special
Session), which allows municipalities to regulate activities deemed
harmful to public health. Said law permits municipalities to prohibit
cannabis establishments within their jurisdictions by identifying
such uses as a prohibited use in their respective local zoning regulations
or land use ordinances. Section 148(b) of such law provides, in relevant
part: "[a]ny municipality may, by amendment to such municipality's
zoning regulations or by local ordinance, prohibit the establishment
of a cannabis establishment.
The following definitions shall apply to this article:
An individual or business producing cannabis flowers.
Any number of companies or individuals that are involved
in the distribution of cannabis by way of delivery. This could be
either mail-order delivery, or hand delivery.
Regulated locations in which a person can purchase cannabis
and cannabis-related items for medical or recreational use.
A producer, dispensary facility, cultivator, micro-cultivator,
retailer, hybrid retailer (i.e., licensed to sell both recreational
cannabis and medical marijuana) of products containing cannabis; or
a manufacturer, packager, delivery service, or transporter of products
containing cannabis, including cannabis-infused food and beverage
products.
An individual or business that produces cannabis-infused
foods and beverages.
An individual or business that sells, supplies, or offers
cannabis recreational and medical products for sale directly to consumers.
An individual or business that produces cannabis flowers
in a limited-sized grow space.
An individual or business that possesses a state or municipal
license to grow, harvest, dry, trim, cure, and package cannabis.
An individual or business that participates in any aspect
of the cannabis extraction and infusion processes, including processing,
preparing, holding, storing, packaging, or labeling of cannabis products.
Cannabis manufacturing also includes any processing, preparing, holding,
or storing of components and ingredients.
An individual or business that focuses on assisting the proper
and accurate packaging of cannabis products into preweighed containers
and prerolled joints.
An individual or business that sells, supplies, or offers
recreational cannabis products for sale directly to consumers.
A.
It shall be unlawful for any building, structure, or land anywhere
within the Town of Clinton to be used as a cannabis establishment,
cannabis producer, cannabis dispensary facility, cannabis cultivator,
cannabis micro-cultivator, cannabis retailer, cannabis hybrid retailer,
cannabis food and beverage manufacturer, cannabis product manufacturer,
or cannabis product packager. Violation of this section shall be punishable
by a fine of $250 per offense. Each day in operation or each sale,
whichever is greater, shall constitute a separate offense.
B.
The prohibition and fine in this section shall not apply to any fully
lawful cultivation, processing, manufacturing, or sale of hemp and
hemp products by an individual or entity, including, as applicable,
licensure and authorization to engage in such activity by the Connecticut
Department of Agriculture or the Connecticut Department of Consumer
Protection. Such cultivation, processing, or manufacturing must comply
with state law. Failure to comply with any state law regulating the
cultivation, processing, and manufacturing of hemp or hemp products
shall void the application of this exception to such person or entity
in violation.
The Town of Clinton Town Manager, Planning and Zoning Commission and/or the Zoning Enforcement Officer shall have authority to enforce this article. In addition to fines, this Article II may be enforced by injunction, action for abatement, or other appropriate civil remedy.
Should any provision of this article be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions of this article as a whole, it being the legislative intent
that the provisions of this article shall be severable and that the
remainder shall be valid.
