Etna Municipal Code Ch. 8.11 Public Consumption of Marijuana

This chapter shall be known as the public consumption of marijuana ordinance.

(Ord. 210, 2014)

A. On November 5, 1996, the voters of the state of California approved Proposition 215 enacting Section 11362.5 of the Health and Safety Code. That section permits, for purposes of state law, the limited use, cultivation and possession of marijuana for specified medical purposes.

B. However, the use, cultivation and possession of marijuana for other purposes remains illegal within this state and is presently illegal under federal laws. Additionally, the use of marijuana by minors has been demonstrated to be a gateway to the use of other illicit substances.

C. While recognizing the enactment of Section 11362.5 of the Health and Safety Code, the city council believes that the open and public use of marijuana, which might otherwise be permitted by that section, (1) is injurious to public health in many of the same ways that tobacco consumption is injurious to the public health and (2) provides to a public, including minors, not privy to reasons for such use, a deleterious example regarding the consumption of otherwise illicit, controlled substances.

D. Therefore, the city council believes it necessary to balance the uses of marijuana permitted by Section 11362.5, the public health and the need to recognize that possession and use of marijuana for other purposes remains illegal.

(Ord. 210, 2014)

The consumption of marijuana otherwise permitted by Section 11362.5 of the California Health and Safety Code is hereby prohibited on any public property or in any facility or space to which members of the public have access.

(Ord. 210, 2014)

Violations of this chapter shall be a misdemeanor punishable by a fine not exceeding $1,000, imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 210, 2014)