(A) Illegal possession of marijuana.
(1) No person may possess more than three ounces of recreational marijuana, nor more than the amount allowed by the law of medical marijuana.
(2) No person under the age of 21 years may possess, use, ingest, inhale, transport, deliver with or without consideration, marijuana or marijuana accessories, except that qualified patients under the age of 21 years may possess medical marijuana or paraphernalia to the extent allowed by law.
(B) Illegal growing.
(1) Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing more than six flowering marijuana plants, six nonflowering marijuana plants (over 14 inches tall), and six clones (plants under 14 inches tall); or
(2) Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing marijuana plants without being registered with the Department of Health and Senior Services for the cultivation of marijuana plants; or
(3) Failing to keep in excess of three ounces of such plants in a locked space not visible by normal unaided vision from a public place; or
(4) Growing or possessing such plants by a person under the age of 21 years;
(C) Sale to persons under 21. No person shall deliver to, transfer to, or sell to persons 21 years of age or older marijuana or marijuana paraphernalia;
(D) Penalties.
(1) If the violation of this section involves three ounces of marijuana or less, the penalty shall be punishable by a fine not to exceed $100.
(2) Subject to the limitations of this section, a person who possesses not more than twice the amount of marijuana allowed pursuant to this section, produces not more than twice the amount of marijuana allowed pursuant to this section, delivers without receiving any consideration or remuneration to a person who is at least 21 years of age not more than twice the amount of marijuana allowed by this section, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this section:
(a) For a first violation, is subject to a civil infraction punishable by a civil penalty not exceeding $250 and forfeiture of the marijuana;
(b) For a second violation, is subject to a civil infraction punishable by a civil penalty not exceeding $500 and forfeiture of the marijuana:
(c) For a third or subsequent violation, is subject to a misdemeanor punishable by a fine not exceeding $1,000 and forfeiture of the marijuana;
(d) A person under 21 years of age is subject to a civil penalty not to exceed $250. Any such person shall be provided the option of attending up to eight hours of drug education or counseling in lieu of the fine; and
(e) In lieu of payment, penalties under this section may be satisfied by the performance of community service. The rate of pay-down associated with said service option will be the greater of $15 or the minimum wage in effect at the time of judgment.
(3) Violations that are not subject to the provisions of divisions (D)(1) or (2) of this section shall be punishable by a fine not to exceed $500 and up to 90 days in jail.
(Ord. 472, passed 3-1-2023)
Editor’s note:
Under certain circumstances this offense can be a felony under state law