It shall be unlawful for any person to commit any of the following acts unless such act is permitted under the provisions of State Question 788 or the State Health Department regulations:
(A) Cultivate, distribute, or produce marijuana in plain view of or in a place open to the general public;
(B) Smoke, use, or ingest any marijuana on the premise of the commercial medical marijuana business;
(C) Operate or be in physical control of any commercial medical marijuana business, liquor establishment, vehicle, aircraft, or motorboat while under the influence of alcohol, medical marijuana, or other intoxicant;
(D) Possess medical marijuana that is not in a sealed package in a location where the possessor is not authorized to possess or consume medical marijuana;
(E) Possess more than six mature and six seedling marijuana plants without a commercial medical marijuana business permit for a cultivation facility;
(F) Possess any marijuana without a medical marijuana license or a marijuana business permit; further a holder of a medical marijuana license shall not possess more than three ounces of marijuana on his or her person;
(G) Possess more than one ounce of concentrated marijuana without a commercial medical marijuana permit for a business or a medical marijuana infused product manufacturer;
(H) Possess more than 72 ounces of edible marijuana without a commercial medical marijuana permit for a business or a medical marijuana infused product manufacturer;
(I) Possess more than eight ounces of marijuana in his or her residence;
(J) Obtain marijuana from a person who is not permitted as a commercial medical marijuana business;
(K) Possess or operate a commercial medical marijuana business in violation of this chapter;
(L) Produce, distribute, or possess more medical marijuana than allowed in this chapter than disclosed in the application to the state for a medical marijuana business permit or other applicable law;
(M) Distribute medical marijuana without a commercial medical marijuana business permit or outside of the restricted area of the medical marijuana business;
(N) Possess medical marijuana, own or manage a medical marijuana business, or own or manage a building with a medical marijuana business, where there is possession of medical marijuana by a person who is not a patient, caregiver, or a permittee of a medical marijuana business;
(O) Possess or operate a medical marijuana business in a location or in a manner for which a medical marijuana business permit is prohibited by the terms of this chapter;
(P) Operate a medical marijuana business without a commercial medical marijuana business permit from the city;
(Q) Operate a medical marijuana business in a manner that is not consistent with the items disclosed in the application for the medical marijuana business, or is in violation of any plan made part of the permit application;
(R) Distribute medical marijuana infused product that was produced in a manner that is not in compliance with this chapter (or own or manage a medical marijuana business where such distribution occurs);
(S) Cultivate, manufacture, distribute, or possess any medical marijuana at a location without a commercial medical marijuana business permit prior to passing the inspection required by this chapter;
(T) Make any changes, or for the permittee to allow any changes, to the items included in the plans submitted with the permit application and approved by the City Council, or the individuals identified in the application, without prior approval of the City Council;
(U) Attempt to use or display a medical marijuana business permit at a different location or for a different business entity than the location and business entity disclosed on the application for the issued permit;
(V) Cultivate, produce, distribute, or possess medical marijuana in violation of this chapter or any other applicable law, or own or manage a medical marijuana business in which another cultivates, produces, distributes, or possesses medical marijuana violation of this chapter;
(W) Own, manage, or possess a medical marijuana business where medical marijuana is outside of the restricted area portion of such business. It shall be an affirmative defense to a violation of this section if the medical marijuana outside of the restricted area was:
(1) In the custody and control of a patient or caregiver;
(2) Purchased by that patient or caregiver from the business and the patient or caregiver has not left the business since purchase; and
(3) The amount of medical marijuana in the custody and control of the patient or caregiver does not exceed the amount that patient or caregiver may possess lawfully;
(X) Dispose of medical marijuana or any by-product of medical marijuana containing marijuana in a manner contrary to this chapter;
(Y) Deliver or transport medical marijuana between medical marijuana business except in strict compliance with this chapter;
(Z) Advertise or publish materials, honor coupons, sell or give away products, or display signs that are in violation of this code;
(AA) Violate any provision of this code or any condition of an approval granted pursuant to this code or any law, rule, or regulation applicable to the use of medical marijuana or operation of a medical marijuana business;
(BB) Permit any other person to violate any provision of this code or any condition of an approval granted pursuant to this code, or any law, rule, or regulation applicable to the use of medical marijuana or the operation of a medical marijuana business;
(CC) Lease any property to a medical marijuana business that has marijuana on the property without a medical marijuana business permit that has been issued by the city;
(DD) Label or distribute a marijuana infused product that is not labeled as required by this code or other applicable law;
(EE) Distribute or deliver marijuana from a medical marijuana cultivation facility to any location other than a medical marijuana business;
(FF) Printing or allowing the printing of a coupon that is not a newspaper, magazine, or other periodical of general circulation within the city or on the internet; and/or
(GG) Fail to provide a copy or record of a coupon authorized under this chapter upon request of an authorized city employee.
(Prior Code, § 114.56) (Ord. 2020-563, passed 1-16-2020) Penalty, see § 114.99