While recognizing a person's right to obtain and consume cannabis and cannabis products, the city council believes that consumption should be restricted from certain places. Consuming cannabis and cannabis products in those places is a nuisance and presents a real and imminent threat to the public health, safety, and welfare.
Specifically, the open and public consumption of cannabis or cannabis products increases the public's exposure of secondhand smoke, similar to tobacco. In or near schools and playgrounds, consumption increases the exposure of cannabis use to developing youths.
In addition, consumption within nonresidential buildings that are not regulated to safely manage such activity exposes the public to some of the public safety and welfare concerns of unpermitted cannabis businesses and illegal cultivation of cannabis. These buildings often have fire and safety hazards created by either the lack of ventilation or unpermitted installation of air-filtration systems to conceal the odor of both cannabis flower and smoked cannabis. These buildings also often lack the security protocols necessary for the possession or storage of cannabis in large quantities, thereby substantially increasing the chance that violent criminal activity will occur.
Accordingly, the purpose of this chapter is to prohibit the open and public consumption of cannabis or cannabis products in or near schools, playgrounds, and unregulated nonresidential buildings except buildings or facilities as prescribed in chapter 5.150, including events in accordance with section 5.150.360.C. (Ord. 2024-0044 § 11)
The following definitions apply in this chapter:
"Cannabis" has the same meaning as in California Business and Professions Code section 26001.
"Cannabis business" has the same meaning as in section 5.150.010.
"Cannabis product" has the same meaning as in California Business and Professions Code section 26001, subdivision (k).
"Commercial cannabis activity" has the same meaning as in California Business and Professions Code section 26001, subdivision (m).
"Consumption" means the act of smoking, vaping, or ingesting.
"Smoking" has the same meaning as in section 8.80.030. (Ord. 2024-0044 § 11)
A. No person shall consume cannabis or cannabis products in any nonresidential building or facility, or any nonresidential portion of a building or facility, except as part of a commercial cannabis activity of a permitted cannabis business pursuant to chapter 5.150.
B. No person shall aid or abet the consumption of cannabis or cannabis products in violation of subsection A. (Ord. 2024-0044 § 11)
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