[Ord. No. 1509-2022, 12-19-2022]
A. To the extent allowed by State law, marijuana for medicinal purposes
may be cultivated in a residential structure, provided:
1.
The structure is the primary residence of a primary caregiver
or qualifying patient and the marijuana is grown solely for the use
of the qualifying patient who resides there or who is under the care
of the primary caretaker.
2.
The residence has operating systems to assure that the emission
of fumes or vapors connected with the cultivation are not allowed
out of the building, or if the residence is in a multi-family building,
that such fumes and vapors are not allowed into any other residence.
3.
No manufacturing of marijuana products shall occur in any residence.
4.
The cultivation must comply with the security and other requirements
of State law and the rules of the Division of Health and Senior Services.
5.
The resident has notified the City Clerk, including providing
proof of eligibility, on a form provide by the City Clerk, so that
Law Enforcement and Code Officials will be aware that the cultivation
is lawfully taking place.
[Ord. No. 1509-2022, 12-19-2022]
A. Persons may consume marijuana in their private residence, or in the
residence of another with permission, but may not dispense or smoke
marijuana in such a manner that the marijuana smoke or odor, exits
the residence. If marijuana smoke or odor is capable of being detected
by a person of ordinary senses (including, but not limited to, any
Police Officer) beyond the property line of single-family home or
outside of the owned or leased premises of a duplex or multi-family
unit there shall be a rebuttable presumption that this Section has
been violated. In a multi-family or similar dwelling, medical marijuana
may not be dispensed or consumed in any common area.
B. Violation of this provision shall be punishable by a fine not to
exceed one hundred dollars ($100.00).
[Ord. No. 1509-2022, 12-19-2022]
A. No person may possess more than three ounces (3 oz) of recreational
marijuana nor more than the amount allowed by law of medical marijuana.
B. No person under the age of twenty-one (21) years may possess, use,
ingest, inhale, transport, deliver with or without consideration,
marijuana or marijuana paraphernalia, except that qualified patients
under the age of twenty-one (21) years may possess medical marijuana
or paraphernalia to the extent allowed by law.
1.
If the violation of this Section involves three ounces of marijuana
or less, the penalty shall be punishable by a fine not to exceed one
hundred dollars ($100.00).
C. Illegal growing:
1.
Possessing, transporting, planting, cultivating, harvesting,
drying, processing, or manufacturing more than six (6) flowering marijuana
plants, six (6) non-flowering marijuana plants [over fourteen (14)
inches tall], and six (6) clones [plants under fourteen (14) inches
tall]; or
2.
Possessing, transporting, planting, cultivating, harvesting,
drying, processing, or manufacturing marijuana plants without being
registered with the Department of Health and Senior Servies for cultivation
of marijuana plants; or
3.
Failing to keep in excess of three (3) ounces of such plants
in a locked space not visible by normal, unaided vision from a public
place; or
D. Growing or possessing such plants by a person under the age of twenty-one
(21) years.
E. Sale to Persons Under Twenty-One (21). No person shall deliver to,
transfer to, or sell to, persons under twenty-one (21) years of age,
marijuana or marijuana paraphernalia.
F. Penalties. Subject to the limitations of this Section, a person who
possesses not more than twice the amount of marijuana allowed pursuant
to this Subsection, produces not more than twice the amount of marijuana
allowed pursuant to this Subsection, delivers without receiving any
consideration or remuneration to a person who is at least twenty-one
(21) years of age not more than twice the amount of marijuana allowed
by this Subsection, or possesses with intent to deliver not more than
twice the amount of marijuana allowed by this Subsection:
1.
For a first violation, is subject to an ordinance violation
punishable by a fine not exceeding two hundred fifty dollars ($250.00)
and forfeiture of the marijuana;
2.
For a second violation and subsequent violations, is subject
to an ordinance violation punishable by a fine not exceeding five
hundred dollars ($500.00) and forfeiture of the marijuana;
3.
A person under twenty-one (21) years of age is subject to a
fine not to exceed two hundred fifty dollars ($250.00). Any such person
shall be provided the option of attending up to eight (8) hours of
drug education or counseling in lieu of the fine; and
4.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
[Ord. No. 1509-2022, 12-19-2022]
A. It shall be unlawful for any person to:
1.
Operate or be in physical control of any motor vehicle, train,
aircraft, motorboat, or other motorized form of transport while under
the influence of marijuana. Notwithstanding the foregoing, a conviction
of a person who is at least twenty-one (21) years of age for any applicable
offenses shall require evidence that the person was in fact under
the influence of marijuana at the time the person was in physical
control of the motorized form of transport and not solely on the presence
of tetrahydrocannabinol (THC) or THC metabolites, or a combination
thereof, in the person's system.
2.
Consumption of marijuana while operating or being in physical
control of a motor vehicle, train, aircraft, motorboat, or other motorized
form of transport while it is being operated.
3.
Smoking marijuana within a motor vehicle, train, aircraft, motorboat,
or other motorized form of transport while it is being operated.
[Ord. No. 1509-2022, 12-19-2022]
If shall be unlawful for a person to be in possession or consumption
of marijuana or possession of marijuana accessories on the grounds
of a public or private preschool, elementary or secondary school,
institution of higher education, in a school bus, or on the grounds
of any correctional facility.
[Ord. No. 1509-2022, 12-19-2022]
A. Smoking marijuana is prohibited in a location where smoking tobacco
is prohibited.
B. Consumption of marijuana in a public place, other than in an area
authorized by the City for that purpose is prohibited.
C. Restaurants serving food which contains marijuana must register with
the City and provide notice on all public entrances and on all menus
that certain food contains marijuana.
D. Violation of this Section shall be punishable by a fine not to exceed
one hundred dollars ($100.00) for the first offense and not more than
five hundred dollars ($500.00) as well as confiscation of the marijuana.