A. Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
CANNABIS: Hashish and other substances which are identified as including any parts of the plant Cannabis Sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, CANNABIS does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or sterilized seed of such plant which is incapable of germination. CANNABIS does not include industrial hemp as defined and authorized under the Industrial Hemp Act. CANNABIS also means concentrate and cannabis-infused products.
CANNABIS CONTAINER: A sealed, traceable, container, or package used for the purpose of containment of cannabis or a cannabis-infused product during transportation.
CANNABIS-INFUSED PRODUCT: A beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked.
CONSUMPTION: The inhalation, absorption or ingestion of CANNABIS or CANNABIS INFUSED PRODUCTS.
PUBLIC PLACE: Any place where a person could reasonably be expected to be observed by others, including all parts of buildings owned in whole or part, or leased, by the State, the City, or a unit of local government and all areas in a park, recreation area, wildlife area, or playground owned in whole or in part, leased, or managed by the State, the City, or a unit of local government. PUBLIC PLACE does not include a private residence unless the private residence is used to provide licensed childcare, foster care, or other similar social service care on the premises.
(1987 Code § 14-76)
B. Unlawful Possession Of Cannabis: The following constitutes the offense of unlawful possession of cannabis by any person within the City:
1. Purchase, possession, consumption, or use of cannabis under the age of twenty one (21), except as authorized by the Compassionate Use of Medical Cannabis Program Act or by the Community College Cannabis Vocational Pilot Program.
2. Any parent or guardian to knowingly authorize or permit his or her residence, any other private property under his or her control, or any vehicle, conveyance, or watercraft under his or her control to be unlawfully used for consumption of cannabis by persons under the age of twenty one (21).
(Ord. 19-1186, 2-18-2019)
C. Unlawful Consumption: Unlawful consumption cannabis in or about any public place.
D. Any person, corporation, firm, or partnership found guilty of violating any provision of this chapter shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, and be responsible for the City's cost of prosecution, including reasonable attorney fees. Each day that a violation continues shall be considered a separate offense.
(1987 Code § 14-76) (Ord. 19-1186, 2-18-2019; amd. Ord. MC-19-1214, 12-16-2019; Ord. 20-11, 3-16- 2020; Ord. 22-40, 6-20-2022)