Alameda County Municipal Code Ch. 6.112 Marijuana-Flavored Candy

The purpose and intent of this chapter is to protect the health, safety and general welfare of residents of Alameda County by prohibiting the sale of marijuana-flavored candies which are used to induce persons, especially children, into the use of marijuana.

(Ord. 2006-20 § 2 (part))

The following words and phrases shall have the following meanings when used in this chapter:

A. "Person" shall mean any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association or other entity or business of any kind.

B. "Marijuana-flavored candy" shall mean a lollipop, gumdrop or other candy which is flavored to taste like marijuana, yet does not contain marijuana as it is defined in California Health and Safety Code Section 11018, including, but not limited to, "chronic candy."

(Ord. 2006-20 § 2 (part))

No person may sell, make, manufacture, give away, barter, exchange or otherwise furnish any marijuana-flavored candy within the county of Alameda.

(Ord. 2006-20 § 2 (part))

Any person violating any of the provisions or failing to comply with any of the provisions of this chapter or the permit shall be guilty of a misdemeanor. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter or the permit is committed, continued or allowed in conjunction with the operation of a dispensary and shall be punishable accordingly.

(Ord. 2006-20 § 2 (part))

In addition to the penalties provided in this chapter, any condition caused or allowed to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and shall, at the discretion of the county, create a cause of action for injunctive relief.

(Ord. 2006-20 § 2 (part))

This law shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the county of Alameda. The county legislature may determine via mere resolution whether identical or substantially similar statewide legislation has been enacted for the purposed of triggering the provisions of this section.

(Ord. 2006-20 § 2 (part))

If any clause, sentence, paragraph, subdivision, section or part of this law or the application thereof is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter.

(Ord. 2006-20 § 2 (part))