§ 38-90. Possession of marijuana.

(a)

For the purposes of this article, the following words and phrases shall mean as set forth unless the context specifically specifies otherwise:

(1)

Marijuana means all 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, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate.

Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the 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.

(2)

Marijuana products means 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.

(3)

Openly means occurring or existing in a manner that is unconcealed, undisguised or obvious.

(4)

Publicly means occurring or existing in a public place, or occurring or existing in any outdoor location where the use or consumption of marijuana is clearly observable by the naked eye from a public place.

(5)

Public place means a place to which the public or a substantial number of the public have access, and includes, but is not limited to, streets, sidewalks, and highways, transportation and recreation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings or facilities.

(b)

It shall be unlawful for any person to possess one ounce or less of marijuana or marijuana products unless such person is 21 years of age or older or otherwise permitted by law to possess marijuana or marijuana products.

(c)

It shall be unlawful for any person, except as specifically authorized by law to: (i) sell one ounce or less of marijuana or marijuana products to any person, or (ii) to permit the transfer of marijuana or marijuana products with or without remuneration to any person under the age of 21 years, or (iii) to permit any person under the age of 21 years to purchase, possess, use, transport, grow or consume marijuana or marijuana products.

(d)

It shall be unlawful for any person to (i) openly and publicly consume marijuana, or (ii) to possess, use, sell, grow, distribute, display or consume marijuana or marijuana products upon or within any park, athletic field, playground, recreation area, golf course, aquatic center, camp ground, open space, trail, parking lot, or building or facility, owned, occupied or controlled by the city.

(e)

It shall be unlawful for any person to consume, use, display, transfer or distribute marijuana within 1,000 feet of any public or private elementary school, middle school, junior high school or high school when such person is upon any street, sidewalk or other property owned or controlled by the city.

(f)

It shall not be an offense under subsection (d) (i) of this section if the consumption of marijuana is occurring on private residential property behind the rear building line of the principal structure and the person consuming the marijuana is (i) an owner of the property, or (ii) a person who has a leasehold interest in the property, or (iii) any person who has been granted express or implied permission to consume marijuana on the property by the owner or lessee of the property.

(Ord. No. 18-18, § 1, 4-16-2019)