(A) A person less than 21 years of age shall not knowingly possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marijuana. A person who violates this section is responsible for a civil infraction as follows:
(1) For a first violation:
(a) If the person is less than 18 years of age, by a fine of not more than $100 or community service, forfeiture of the marijuana, and completion of 4 hours of drug education or counseling; or
(b) If the person is at least 18 years of age, by a fine of not more than $100 and forfeiture of the marijuana.
(2) For a second violation of this section, a state law substantially corresponding to this section or another municipality's ordinance substantially corresponding to this section:
(a) If the person is less than 18 years of age, by a fine of not more than $500 or community service, forfeiture of the marijuana, and completion of 8 hours of drug education or counseling; or
(b) If the person is at least 18 years of age, by a fine of not more than $500 and forfeiture of the marijuana.
(B) A person shall not knowingly smoke or consume marijuana in a public place, or place generally accessible to the public, or smoke marijuana where prohibited by the person who owns, occupies, or manages the property. A person who violates this section is responsible for a civil infraction punishable by a $100 fine and forfeiture of the marijuana.
(C) A person, 21 years of age or older, shall not knowingly or by failure to make diligent inquiry, transfer marijuana or marijuana accessories to a person under the age of 21. A person who violates this section is guilty of a misdemeanor punishable by up to 90 days in jail and/or a $500 fine and the forfeiture of the marijuana or marijuana accessories.
(D) A person shall not knowingly cultivate marijuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids, or if the plants are outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area. A person who violates this section is responsible for a civil infraction punishable by a $100 fine and forfeiture of the marijuana.
(E) A person shall not knowingly consume marijuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or knowingly smoke marijuana within the passenger area of a vehicle upon a public way. A person who violates this section is guilty of a misdemeanor punishable by up to 90 days in jail and/or a $500 fine and forfeiture of the marijuana.
(F) A person, 21 years of age or older, shall not knowingly possess marijuana accessories, possess, consume or smoke marijuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten, or grades 1 through 12, or in a school bus. A person who violates this section is guilty of a misdemeanor punishable by up to 90 days in jail and/or a $500 fine and forfeiture of the marijuana.
(G) A person shall not knowingly possess more than 2.5 ounces of marijuana within a person's place of residence unless the excess marijuana 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. A person who violates this section is responsible for a civil infraction punishable by a $100 fine and forfeiture of the marijuana.
(H) A person shall not knowingly possess, use, consume, purchase, transport, process, deliver without receiving any remuneration to a person who is at least 21 years of age, or possess with intent to deliver more than 2.5 ounces but less than or exactly 5 ounces of marijuana outside of the person's residence. A person who violates this section is responsible for a civil infraction or guilty of a crime as follows:
(1) For a first violation, responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marijuana;
(2) For a second violation of this section, a state law substantially corresponding to this section or another municipality's ordinance substantially corresponding to this section, responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marijuana;
(3) For a third or subsequent violation of this section, a state law substantially corresponding to this section or another municipality's ordinance substantially corresponding to this section, guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marijuana.
(I) A person shall not knowingly possess, store or process more than 10 ounces of marijuana but less than or exactly 20 ounces of marijuana, or knowingly possess, cultivate, or process more than 12 marijuana plants but less than or exactly 24 marijuana plants in their residence. A person who violates this section is responsible for a civil infraction or guilty of a crime as follows:
(1) For a first violation, responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marijuana;
(2) For a second violation of this section, a state law substantially corresponding to this section or another municipality's ordinance substantially corresponding to this section, responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marijuana;
(3) For a third or subsequent violation of this section, a state law substantially corresponding to this section or another municipality's ordinance substantially corresponding to this section, guilty of a misdemeanor and may be punished by a fine of not more than $2,000 and forfeiture of the marijuana.
(J) A person shall not knowingly possess, use, consume, purchase, transport, process, deliver without receiving any remuneration to a person who is at least 21 years of age, or possess with intent to deliver more than 5 ounces of marijuana outside the person's residence. A person who violates this section is guilty of a misdemeanor but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
(K) A person shall not knowingly possess, store or process more than 20 ounces of marijuana, or knowingly possess, cultivate or process more than 24 marijuana plants in their residence. A person who violates this section is guilty of a misdemeanor but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence.
(Ord. 29.05, passed 1-11-2022)