(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant of the genus Cannabis whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or its resin, including marijuana concentrate, but the term does not include industrial hemp, nor does it include fiber produced from its stalks, oil or cake made from the seeds of said plant, sterilized seed of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.
MARIJUANA ACCESSORIES. Equipment, products or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing or containing marijuana, or for ingesting, inhaling or otherwise introducing marijuana into the human body.
MARIJUANA PRODUCTS. Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures.
OPENLY OR PUBLICLY. The consumption or growing of marijuana in a place commonly or usually open to or accessible by the general public, or to which members of the general public may resort, including, without limitation, public ways, streets, sidewalks, alleys, bicycle paths, trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but excluding the interior or enclosed yard area of private homes, residences, condominiums or apartments. For purposes of this section, OPENLY OR PUBLICLY expressly includes the consumption or growing of marijuana in any place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee.
(B) Unlawful acts. It is unlawful:
(1) For any person to use, display, purchase, transport, possess or transfer more than one ounce of marijuana in the town;
(2) For any person to possess, grow, process or transport in the town more than six marijuana plants, with three or fewer being mature, flowering plants. A person may possess the marijuana produced by these plants, provided that such possession is limited to the premises where the plants were grown and further provided that the growing takes place in an enclosed locked space and is not conducted openly or publicly or made available for sale;
(3) For a person under the age of 21 to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories anywhere in the town;
(4) For a person 21 years of age or older to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories in the town for any reason other than personal use;
(5) For a person 21 years of age or older to purchase on behalf of, transfer to, or otherwise assist a person under the age of 21 in obtaining marijuana, marijuana products or marijuana accessories in the town; and
(6) For any person to openly or publicly consume or grow marijuana or to consume marijuana in a manner that endangers others in the town.
(C) Penalty.
(1) Violations of this section shall be punishable as set forth in Title 1, Chapter 4 of this code, except that a person who possesses not more than two ounces of marijuana in violation of this section shall be punished by a fine of not more than $100; and
(2) It shall be an affirmative defense to a prosecution under this section that a person is in possession of a valid registry identification card authorizing the medicinal use of marijuana issued by the state health agency, so long as consumption or use does not occur in a public place.
(Ord. 2(2013) § 1; Ord. 5(2014) § 1)