Chapter 10.12
MARIJUANA REGULATIONS
Sections:
10.12.010 State laws and regulations adopted.
10.12.020 Marijuana consumption in public prohibited.
10.12.030 Marijuana consumption in vehicles prohibited.
10.12.040 Marijuana smoke as nuisance.
10.12.050 Production and sale of edible marijuana products.
10.12.060 Production of marijuana concentrates.
10.12.070 Permitting unlawful marijuana use prohibited.
10.12.080 Marijuana use without consent of property owner prohibited.
10.12.010 State laws and regulations adopted.
All laws and regulations of the state of Alaska regarding licensed marijuana sales, service distribution, and consumption apply within the Bristol Bay Borough unless otherwise stated in this chapter. (Ord. 2015-06 (part), 2015).
10.12.020 Marijuana consumption in public prohibited.
No person shall consume marijuana, in any form, in any public place. (Ord. 2015-06 (part), 2015).
10.12.030 Marijuana consumption in vehicles prohibited.
Marijuana consumption in or on motor vehicles, on the deck or in the wheelhouse of a watercraft, or in an aircraft is prohibited. (Ord. 2015-06 (part), 2015).
10.12.040 Marijuana smoke as nuisance.
No person shall disturb the peace and privacy of another by marijuana odors, smoke, or vapors that drift onto the property of another, including into any residential or commercial unit rented, leased, or owned by another. (Ord. 2015-06 (part), 2015).
10.12.050 Production and sale of edible marijuana products.
A. No person shall solicit or engage in the production, sale, barter or exchange of any edible marijuana product.
B. No person shall possess, sell, barter, or exchange any edible marijuana product unless the product contains a label accurately identifying all information required by 21 CFR 101 as well as the amount of THC in a serving.
C. All edible marijuana products must be contained in child-resistant packaging except for when being actively consumed. (Ord. 2015-06 (part), 2015).
10.12.060 Production of marijuana concentrates.
No person shall manufacture marijuana concentrates through use of a solvent-based extraction method using a substance other than vegetable glycerin. (Ord. 2015-06 (part), 2015).
10.12.070 Permitting unlawful marijuana use prohibited.
No owner, operator, manager or other person in control of any area where marijuana use is prohibited by this chapter shall allow or permit unlawful use of marijuana on said premises. (Ord. 2015-06 (part), 2015).
10.12.080 Marijuana use without consent of property owner prohibited.
A. No person shall consume marijuana on private property without the affirmative consent of the property owner.
B. If a person has a possessory interest in private property but is not the owner and the owner prohibits the use or consumption of marijuana, use or consumption of marijuana on or in that property is prohibited. (Ord. 2015-06 (part), 2015).
10.12.090 Enforcement.
A. A person who violates any provision of this chapter is guilty of an infraction, and upon conviction shall be fined as set forth in Section 1.16.010 of this code or, if no fine is there established, not more than three hundred dollars plus any surcharge required to be imposed by AS 12.55.039. Each violation is a separate offense.
B. Notwithstanding the availability of any other remedy provided by the provisions of this chapter, the city or any person aggrieved by a violation of this chapter may apply for injunctive relief to enforce these provisions in any court of competent jurisdiction. (Ord. 2015-06 (part), 2015).
10.12.100 Definitions.
As used in this chapter:
"Child-resistant" means packaging specially constructed to be significantly difficult for children under ten years of age to open and not difficult for normal adults to use properly as defined by 16 CFR 1700.20 as well as opaque so that the packaging does not allow the product to be seen without opening the packaging material.
"Edible marijuana product" means any marijuana product which is intended to be chewed or swallowed, including, but not limited to, any type of food, drink, pill or product intended for human consumption that contains any form of marijuana. "Edible marijuana product" does not include marijuana flowers.
"Marijuana" means all the parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil, cake made from the seed of the plant, sterilized seeds of the plant which are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
"Marijuana accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for or for the ingesting, inhaling or otherwise introducing marijuana into the human body.
"Marijuana concentrates" means any oil, liquid, or other substance created by extracting cannabinoids form marijuana through the use of a solvent other than water for the purpose of increasing the strength or proportion of the cannabinoids.
"Minor" means any person under twenty-one years of age.
"Public place" means any place to which the public or a substantial group of persons has access, including but not limited to streets, highways, alleys, sidewalks, transportation facilities, schools, places of amusement or business, food and beverage service facilities, offices, retail stores, parks, playgrounds, hallways, lobbies, vehicles available for commercial hire, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence and waterways. All property owned or leased by the city shall be considered a public place regardless of the public’s access. (Ord. 2015-06 (part), 2015).