As used in this chapter, the following terms, phrases, words,
and their derivatives shall have the meanings given:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing
or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture salt, derivative, mixture,
or preparation of the plant, its seeds or resin.
CANNABIS PRODUCT
Any cannabis, concentrated cannabis, and cannabis-infused
product for use by a cannabis consumer.
MARIJUANA USE
Includes smoking of marijuana or marijuana derivatives.
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco
substitute or electronic cigarettes, vape pens, vapors, e-liquids,
marijuana and marijuana derivatives or other substances and also to
carry burning tobacco, tobacco substitute, marijuana or a marijuana
derivative in the form of a cigarette, cigar, or any other smoke-producing
product or device, including pipes.
TOBACCO USE
Includes smoking and the chewing of tobacco.
No person or entity may sell cannabis or cannabis products without first obtaining a license therefor as required by state and local law, and without complying with the zoning restrictions set forth in Articles
XII and
XIV of this chapter.
Any person or entity violating this article shall be guilty
of an offense which, upon conviction, is punishable by a fine of not
less than $500 and not more than $5,000 or by imprisonment for a period
not to exceed six months, or both. Any person or entity found by the
Bureau of Administrative Adjudication to have violated this article
shall likewise be subject to a monetary penalty of not less than $500
nor more than $2,500. Any person found by the Bureau of Administrative
Adjudication to have violated this article by selling more than two
pounds of cannabis without first obtaining a license and/or in violation
of applicable zoning restrictions shall be subject to a monetary penalty
of not less than $1,500 nor more than $5,000.
If any clause, paragraph, subdivision, section or part of this
article or the application thereof to any person, individual, corporation,
firm, partnership, entity, or circumstance shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.