§ 131.22 PERSONAL USE AND CULTIVATION.
   (A)   Personal use. A person may not possess, use or consume, internally possess, purchase, transport, or process more than 2.5 ounces of marihuana, except up to and including 15 grams of marihuana may be in the form of marihuana concentrate.
   (B)   Personal residence. Within the person's residence, a person may not possess, store, or process more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises or grow, possess, cultivate, or process more than 12 marihuana plants for personal use.
   (C)   Visible cultivation. A person shall not cultivate marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids, or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area.
   (D)   Assist person under the age of 21 years. A person may not assist another person who is under 21 years of age or younger in any of the acts described in this section.
   (E)   Storage at residence. A person shall not possess more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
   (F)   Consumption in a public place. A person shall not consume marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies, or manages the property.
   (G)   Transferring to another person. A person may not give away or otherwise transfer marihuana except as follows:
      (1)   The transfer is without remuneration;
      (2)   Up to 2.5 ounces of marihuana may be transferred, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;
      (3)   The transferee is a person 21 years of age or older; and
      (4)   The transfer is not advertised or promoted to the public.
   (H)   Penalty. The penalty for violations involving the explicit limits of the offenses set out in this section is a civil infraction with a fine of not more than $100 and forfeiture of the marihuana.
   (I)   Penalties involving more than the allowed amount. A person who does any of the following is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana:
      (1)   Possesses more than 2.5 ounces, of which 15 grams are in concentrate form;
      (2)   Possesses more than 10 ounces in his or her residence;
      (3)   Cultivates more than 12 plants;
      (4)   Delivers without remuneration to a person at least 21 years of age over 2.5 ounces of marihuana including and up to not more than 15 grams of marihuana concentrate; or
      (5)   Possesses with intent to deliver more than 2.5 ounces of marihuana including and up to 15 grams of marihuana concentrate.
(Ord. 250, passed 1-28-19)