(A) Nothing in this chapter permits any person to:
(1) Undertake any task under the influence of cannabis, when doing so would constitute negligence or unprofessional malpractice;
(2) Possess cannabis or engage in the medical use of cannabis in any correctional facility;
(3) Smoke cannabis on any form of public transportation or in any place open to the public; or
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis.
(B) Nothing in this chapter requires an employer to allow ingestion or use of cannabis in the workplace, or to allow an employee to work while under the influence of cannabis.
(C) Nothing in this chapter requires a person or establishment to allow a guest, client, customer, or other visitor to smoke or use cannabis on or in that property.
(D) Nothing in this chapter prohibits an employer from disciplining an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
(E) (1) No person shall use or consume marijuana in any public place or possess any marijuana or marijuana product in any package, bottle, glass, or other container which is not sealed as required by law while in a public place. For purposes of this section, the term PUBLIC PLACE shall mean any street, alley, sidewalk, or parking lot, commonly and customarily open to or used by the general public and any public, building or structure open to or used by the general public.
(2) No person shall use or consume marijuana on any private property without the consent of the owner of such property.
(3) It is a Class 2 misdemeanor for any person occupying a motor vehicle located upon a public highway or the right-of-way of a public highway to have a package or any receptacle containing marijuana in that person’s possession unless the seal of the original package remains unbroken, or the marijuana is so removed from the passenger area of the motor vehicle that no occupant of the motor vehicle has access to it.
(4) It is a Class 2 misdemeanor for any person have a package or any receptacle containing marijuana in that person’s possession unless labeling of the package identifies clearly the marijuana has been obtained from a legal dispensary or a certificate from a physician stating the person is authorized for cultivation marijuana at home or designated caregiver for a cardholder who has a certificate from a physician stating they may cultivate marijuana at home.
(Ord. 2107-59, passed 7-29-2021; Ord. 2210-34, passed 10-25-2022) Penalty, see §
111.99