Isleton Municipal Code Ch. 5.64 Smoking of Cannabis in Public Places

The purpose of this chapter is to regulate recreational and medicinal cannabis use in a manner than protects the health, safety, and welfare of the community, consistent with proposition 64, also known as the Control, Regulate, and Tax Adult Use of Cannabis Act ("AUMA"), and with the Medical and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). This chapter is not intended to interfere with a patient's right to medical cannabis, as provided in Health and Safety Code § 11362.5, nor does it criminalize cannabis possession or use, pursuant to state law.

(Ord. No. 2018-01, § 2, 4-25-2018)

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply.

Cannabis shall mean any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated 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, including cannabis infused in foodstuff or other ingestible or consumable product containing cannabis. The term "cannabis" shall also include "medical cannabis" as defined in California Health and Safety Code § 11362.5, and "medicinal cannabis," "medicinal cannabis product" as defined in California Business and Professions Code § 26001(ai), and "cannabis product" as defined in § 11018.1 of the Health and Safety Code.

Smoking means inhaling, exhaling, burning or carrying any lighted combustible substance containing cannabis in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices) with cannabis or its byproducts in the device.

(Ord. No. 2018-01, § 3, 4-25-2018)

It is hereby declared to be unlawful, a public nuisance, and a violation of this Code to smoke cannabis or cannabis products on city property. Violations of this provision shall be punishable as a misdemeanor.

(Ord. No. 2018-01, § 3, 4-25-2018)

The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interests and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. No. 2018-01, § 3, 4-25-2018)