(a) Personal Use. A person shall not possess, use, or consume, internally possess, purchase, transport, or process more than two and one-half ounces of marihuana or more than 15 grams of marihuana in the form of marihuana concentrate.
(b) Personal Residence. Within a person's residence, a person shall not possess, store, or process more than ten ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises, nor grow, possess, cultivate or process more than 12 marihuana plants, provided that any marihuana in excess of two and one-half ounces within the person's residence must be 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.
(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 21. A person shall not assist another person who is under the age of 21 in any of the acts described in this section.
(e) Consumption in a Public Place. A person shall not consume marihuana in a public place or smoke marihuana where prohibited by the owner, occupant, or manager of the property.
(f) Possession on School Grounds. A person shall not possess marihuana accessories or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, or in a school bus.
(g) Transferring to Another Person. A person shall not give away or otherwise transfer marihuana except as follows:
(1) The transfer must be without remuneration;
(2) Not more than two and one-half ounces of marihuana may be transferred, except that not more than 15 grams may be in the form of marihuana concentrate;
(3) The transferee must be a person who is at least 21 years of age; and
(4) The transfer must not be advertised or promoted to the public.
(h) Violation; Penalty. A person who violates this section but who does not possess, cultivate, or transfer more marihuana than is allowed in this section and who does not transfer marihuana for remuneration and who does not transfer marihuana to a person under the age of 21 is responsible for a civil infraction and may be punished by a civil fine of not more than one hundred dollars ($100.00) and forfeiture of the marihuana.
(i) Violations Involving more than, but not Exceeding Twice, the Allowable Amount. A person who:
(1) Possesses more than two and one-half ounces of marihuana, or more than 15 grams in marihuana concentrate form, but not more than five ounces of marihuana or 30 grams in marihuana concentrate;
(2) Possesses more than ten ounces, but not more than 20 ounces, of marihuana at the person's residence;
(3) Cultivates more than 12, but not more than 24, marihuana plants at the person's residence; or
(4) Transfers without receiving remuneration to a person 21 years of age or older more than two and one-half ounces of marihuana or more than 15 grams of marihuana concentrate, but not more than five ounces of marihuana or 30 grams in marihuana concentrate is responsible for a civil infraction and may be punished by a civil fine of not more than $500 and forfeiture of the marihuana.
(Ord. 2019-04. Passed 5-13-19.)