Fort Jones Municipal Code Ch. 8.12 Cannabis Use, Possession and Dispensaries Prohibited

(a) Findings; purpose and intent. Health and Safety Code § 11362.5 permits, for purposes of state law, the limited use, cultivation and possession of cannabis for specified medical purposes. In addition, Health and Safety Code § 11362.1 permits persons aged 21 years and older to possess and use small amounts of cannabis and to cultivate up to six living cannabis plants. The town council finds that open and public use of cannabis:

(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.

Therefore, the town council believes it necessary to balance the uses of cannabis permitted by state law with the public health and the need to recognize that possession and use of cannabis for other purposes remains illegal.

(b) Prohibited on public property and in public places. The consumption of cannabis otherwise permitted by state law is prohibited in the town on any public property or in any facility or space to which members of the public have access.

(c) Retail sale for recreational purposes. The retail sale or purchase in the town of cannabis intended for recreational use is prohibited.

(d) Violations and penalties. Violations of this chapter shall be a misdemeanor punishable by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. No. 2022-5, §§ 8.12.010—18.12.030, 3-14-2022)

Establishing a medical cannabis dispensary is a prohibited use of the land within all zones of the town and may be abated as a nuisance. For purposes of this section, the term "medical cannabis dispensary" is defined as a facility where cannabis or its derivatives are made available for medical purposes in accordance with the Compassionate Use Act, Health and Safety Code § 11362.5 or the Medical Cannabis Program, Health and Safety Code § 11362.7.

(Ord. No. 2022-5, §§ 8.16.010—18.16.030, 3-14-2022)