[Ord. No. 2348, 5-22-2023]
A. 
Except as provided in this Section, the following acts by a person at least twenty-one (21) years of age are not unlawful:
1. 
Purchasing, possessing, consuming, using, ingesting, inhaling, processing, transporting or distributing without consideration three (3) ounces or less of dried, unprocessed marijuana, or its equivalent.
2. 
Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing no more than six (6) flowering marijuana plants, six non-flowering marijuana plants [over eighteen (18) inches tall], and six (6) clones [plants under fourteen (14) inches tall] provided the person is registered with the Department of Health and Senior Services for the cultivation of marijuana plants, provided:
a. 
The plants and any marijuana produced by the plants in excess of three (3) ounces are kept at one (1) private residence, are in a locked space, and are not visible by normal, unaided vision from a public place; and
b. 
Not more than twice the number of allowable plants under this Subsection (B) are kept in or on the grounds of private residence at one time.
c. 
Assisting another person who is at least twenty-one (21) years of age and, or allowing property to be used for, any of the acts permitted by this Section; and purchasing, possessing, using, delivering, distributing, manufacturing, transferring, or selling to persons twenty-one (21) years of age or older marijuana accessories.
[Ord. No. 2348, 5-22-2023]
A. 
It shall be unlawful to deliver or distribute marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age.
B. 
It shall be unlawful to purchase, possess, use transport marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age.
C. 
It shall be unlawful for person under the age of twenty-one (21) years of age to possess, use, ingest, inhale, transport, deliver or distribute marijuana.
D. 
It shall be unlawful for any individual to possess, deliver or distribute more than three (3) ounces of marijuana by a single individual.
E. 
It shall be unlawful for person to 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 shall require evidence that the person was, in fact, under the influence of marijuana at the time the person was in physical control of motorized form transport and not solely on the presence of tetrahydrocannabinol THC or THC Venable lights, or combination thereof, in the person’s systems.
It shall be unlawful to consume marijuana while operating or be being in physical control vehicle, train, aircraft, motorboat or other motorized form transport while it is being operated.
F. 
It shall be unlawful to smoke marijuana in a motor vehicle, train, aircraft, motorboat, or other motorized form transport while it is being operated.
G. 
It shall be unlawful to possess or consume marijuana on the grounds of any public or private preschool, elementary or secondary school, institution of higher education, and a school bus, or on the grounds of any correctional facility.
H. 
It shall be unlawful to smoke marijuana in a location where smoking tobacco is prohibited.
I. 
It shall be unlawful to consume marijuana in any commercial or public place.
J. 
It shall be unlawful to consume marijuana in such a manner that marijuana smoke or odor exits a residence or non-public place where consumption of marijuana is otherwise lawful. In a multi-family residence or similar dwelling, marijuana may not be administered in any common area.
K. 
It shall be unlawful to undertake any task while under the influence of marijuana, if doing so would constitute negligence, recklessness or medical malpractice.
L. 
It shall be unlawful to form solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or grade ethanol, unless licensed for the activity by the Department of Health and Senior Services.
[Ord. No. 2348, 5-22-2023]
A. 
The smell or noxious odor emitted from smoking, consumption or cultivation of marijuana by a person shall be treated as a public nuisance.
B. 
It shall be unlawful for any person or entity to cultivate marijuana in such a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if cultivating marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety or welfare, or interferes with reasonable enjoyment of life and property.
C. 
It shall be unlawful for any person, owner of parcel real property or person authorized to exercise control over a parcel of property to create, maintain, allow or suffer a public nuisance.