Chapter 9.28
PUBLIC CONSUMPTION OF MARIJUANA

Sections:

9.28.010    Title.

9.28.020    Definitions.

9.28.030    Prohibition.

9.28.040    Penalty.

9.28.010 Title.

This chapter shall be known as the public consumption of marijuana ordinance. [Ord. 20-2010 §2, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.30.010]

9.28.020 Definitions.

A. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

B. “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

C. “Day care center” has the same meaning as in Section 1596.76 of the Health and Safety Code.

D. “Marijuana” shall have the same meaning as cannabis, and the terms “marijuana” and “cannabis” may be used interchangeably and synonymously through this chapter.

E. “Marijuana products” shall have the same meaning as cannabis products, and the terms “marijuana products” and “cannabis products” may be used interchangeably and synonymously through this chapter.

F. “Smoke” means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoke” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.

G. “Volatile solvent” means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

H. “Youth center” has the same meaning as in Section 11353.1 of the Health and Safety Code. [Ord. 5-2021 §2, eff. 3-12-2021]

9.28.030 Prohibition.

It shall be unlawful and a public nuisance for any person to:

A. Smoke or ingest cannabis or cannabis products in a public place.

B. Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited.

C. Smoke cannabis or cannabis products within one thousand (1,000' 0") feet of a school, day care center, or youth center while children are present at the school, day care center, or youth center, except in or upon the grounds of a private residence and only if such smoking is not detectable by others on the grounds of the school, day care center, or youth center while children are present.

D. Possess an open container or open package of cannabis or cannabis products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

E. Possess, smoke, or ingest cannabis or cannabis products in or upon the grounds of a school, day care center, or youth center while children are present.

F. Manufacture concentrated cannabis using a volatile solvent.

G. Smoke or ingest cannabis or cannabis products while driving, operating a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation.

H. Smoke or ingest cannabis or cannabis products while riding in the passenger seat or compartment of a motor vehicle, boat, vessel, aircraft, or other vehicle used for transportation. [Ord. 5-2021 §2, eff. 3-12-2021; Ord. 20-2010 §2, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.30.030]

9.28.040 Penalty.

Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Title 1 and EGMC Chapter 16.18. [Ord. 5-2021 §2, eff. 3-12-2021; Ord. 20-2010 §2, eff. 10-8-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000. Formerly 6.30.040]