(A) A person shall not:
(1) Possess, use, or deliver any controlled substance or a controlled substance analogue listed in Section 7212(d)(1) of the Public Health Code, or a prescription form, except as otherwise permitted by law or this section;
(2) Transfer marihuana or marihuana accessories to a person under the age of 21;
(3) If under the age of 21, possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;
(4) Separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure;
(5) Consume marihuana in a public place;
(6) Smoke marihuana where prohibited by the person who owns, occupies, or manages the property;
(7) Cultivate marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area;
(8) Consume marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat;
(9) Smoke marihuana within the passenger area of a vehicle upon a public way;
(10) Possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility; or
(11) Possess more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
For a violation of subsection (10) by a person under the age of 17, the person shall be responsible for a municipal civil infraction punishable by a fine of $500, except that the fine will be $100 if the person completes a drug awareness program approved by the police department, either within 30 days of receiving the citation or prior to entering a plea of responsibility at the district court.
(B) The following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:
(1) Except as permitted by subsection (2), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate;
(2) Within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that if more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once, the person shall be guilty of a misdemeanor punishable as provided in Chapter 1 of the City Code and by forfeiture of the plants;
(3) Assisting another person who is 21 years of age or older in any of the acts described in this subsection; and
(4) Giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public, provided that a transfer for remuneration of any kind, overt or inferred, and a transfer that exceeds the limits set forth here or which is advertised or promoted to the public shall constitute a misdemeanor punishable as provided in Chapter 1 of the City Code and by forfeiture of the marihuana.
(C) Except for a person who engaged in conduct described in subsections (A)(2), (3), (4), (8), (9), (10), or as otherwise provided in the Act, a person who possesses, cultivates, delivers without receiving any remuneration to a person who is at least 21 years of age, or possesses with intent to deliver not more than the amount of marihuana allowed by subsection (B) is responsible for a municipal civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana.
(D) Except for a person who engaged in conduct described in subsection (A), or as otherwise provided in the Act, a person who possesses, cultivates, delivers without receiving any remuneration to a person who is at least 21 years of age, or possesses with intent to deliver not more than twice the amount of marihuana allowed by subsection (B):
(1) For a first violation, is responsible for a municipal civil infraction punishable by a fine of $500 and forfeiture of the marihuana.
(2) For a second violation, is responsible for a municipal civil infraction punishable by a fine of $1,000 and forfeiture of the marihuana.
(3) For a third or subsequent violation, is guilty of a misdemeanor punishable by a fine of up to $500 and forfeiture of the marihuana.
(E) Except for a person who engaged in conduct described by subsections (A)(3), (7), (8), or as otherwise provided in the Act, a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:
(1) For a first violation, is responsible for a municipal civil infraction punishable as follows:
(a) If the person is less than 18 years of age, by a fine of $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling.
(b) If the person is at least 18 years of age, by a fine of $100 and forfeiture of the marihuana.
(2) For a second violation, is responsible for a municipal civil infraction punishable as follows:
(a) If the person is less than 18 years of age, by a fine of $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling.
(b) If the person is at least 18 years of age, by a fine of $500 and forfeiture of the marihuana.
(3) For a third or subsequent violation committed by a person less than 18 years of age, is responsible for a municipal civil infraction punishable by a fine of $1,000 and community service, forfeiture of the marihuana, and completion of 16 hours of drug education or counseling. For a third or subsequent violation committed by a person at least 18 years of age, is guilty of a misdemeanor punishable as set forth in § 1-10 of the City Code, community service, forfeiture of the marihuana, and completion of drug education or counseling ordered by the court.
(F) Except for a person who engaged in conduct described by subsection (A), or as otherwise provided in the Act, a person who possesses, cultivates, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed by subsection (B) shall be guilty of a misdemeanor punishable as follows:
(1) A fine up to $500 if the violation was not habitual, willful, and for a commercial purpose, and the violation did not involve violence.
(2) A fine up to $500 and up to 90 days in jail if the violation was habitual, willful, and for a commercial purpose, or if the violation involved violence.
(1978 Code, § 25-65; Ord. No. 122-A, § 1, 11-1-83; Ord. No. 436, § 2, 8-19-14; Ord. No. 461, § 4, 12-18-18) Penalty, see § 1-9