(A) Adoption of state statutes and rules. The town hereby adopts by reference all regulations now contained or hereafter contained in 63 O.S. §§ 420A through 426 concerning medical marijuana, and any amendments thereto. Further, the town hereby adopts by reference the final rules for the state’s Medical Marijuana Control Program, now contained or hereafter contained in O.A.C. 310:681 and any amendments thereto.
(B) Cultivation of marijuana for personal medical use. A person in possession of a state-issued medical marijuana patient license or caregiver license shall be able to legally possess marijuana on his, her, or their person and in their legally zoned and occupied full-time permanent private residence, and cultivate marijuana for personal medical use, in quantities as allowed by applicable state statutes and rules. The following regulations shall apply to the cultivation of medical marijuana for personal use as an accessory use within the town.
(1) All homegrown medical marijuana plants shall be grown in such a manner to be accessible only to the patient or caregiver.
(2) If grown outdoors, plants shall be enclosed on all sides by an opaque fence or wall with a minimum height of six feet and shall be secured at all times with a commercial quality lock and key that is accessible only to the patient or caregiver.
(3) No marijuana plants, whether grown indoors or outdoors, shall be visible from any street or public right-of-way.
(4) All indoor or outdoor areas used for medical marijuana growth shall comply with all applicable codes as adopted by the town.
(5) The primary use of the residential property in which marijuana is grown for personal medical use shall remain at all times a residence, with legal and functioning cooking, eating, sleeping, and sanitation/bathing facilities with proper ingress and egress.
(C) Restriction on smoking of medical marijuana products. Smoking of medical marijuana products shall be restricted as set forth in 63 O.S. §§ 1-1521 et seq., commonly referred to as the “Smoking in Public Places and Indoor Workplaces Act.”
(D) Public intoxication prohibited. Any person who shall be under the influence of medical marijuana or any other medical marijuana product at a level that presents a danger to others or creates a disturbance of the peace in or upon any public or private road, in any vehicle, any public place or building, at any public gathering, place accessible to the public or open to being viewed by others, shall be guilty of an offense.
(E) Medical marijuana waste disposal. All medical marijuana waste shall be stored, managed, and disposed of in accordance with all applicable local and state statutes and rules.
(F) Non-medical marijuana. The possession, use, cultivation, distribution, or transportation, including growing, manufacturing, extracting, or delivering of any marijuana or marijuana derived product, with the exception of those products defined in 63 O.S. § 2-101(23), in any form by any person or establishment, unless otherwise licensed by the state for medical purposes and verified by possession of a state issued medical marijuana license, shall be illegal within the town and regulated pursuant to the Uniform Controlled Dangerous Substances Act of the state, hereby adopted by reference.
(G) Possession of drug paraphernalia. Except as otherwise provided by the Uniform Controlled Dangerous Substances Act of the state and 63 O.S. §§ 420A through 426, inclusive concerning medical marijuana, it shall be unlawful for any person to possess drug paraphernalia.
(H) Town property. Smoking or using marijuana shall be prohibited on all town property including vehicles, buildings, parks, or other facilities.
(I) Marijuana clubs. Marijuana clubs are not allowed, as provided below, to wit:
(1) It is unlawful for any person to conduct or maintain a marijuana club by himself, herself, or themself or by associating with others, or in any manner aid, assist, or abet in conducting or maintaining a marijuana club.
(2) It is unlawful for any person to conduct or maintain a public place where marijuana is held or stored, except as provided for a licensee under state law, or where consumption of marijuana is permitted.
(3) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA CLUB. A club, association, or other business, for profit or otherwise, that conducts or maintains a premise for the primary or incidental purpose of providing a location where members or other persons may keep or consume marijuana.
PUBLIC PLACE. Any place to which admission is charged or for which any pecuniary gain is realized by the owner or operator of such place.
(Ord. 2019-05, passed 10-7-2019) Penalty, see § 113.99