Jurupa Valley Municipal Code Ch. 11.30 Regulation of Butane Purchases

The City Council finds, determines and declares that:

(1) Across the State of California there has been an increase in the illicit manufacturing of "butane honey oil" (also known as "butane hash oil") a concentrate derived from marijuana.

(2) High grade butane such as n-butane and butane refined five times or higher is most prevalently used in the manufacture of honey oil.

(3) Honey oil is widely manufactured in an underground, non-commercial industry, which can include manufacturing sites in hotel rooms, garages, homes, and backyards.

(4) The manufacturing process for honey oil is highly volatile and there has been a dramatic increase in reports of explosions occurring as a result of the manufacture of butane honey oil and butane hash oil, which require butane to extract tetrahydrocannabinol (THC) from parts of the marijuana plant.

(5) The general public does not normally purchase butane in large quantities and it is not the City Council's intent to restrain legitimate businesses or customers from selling or purchasing it for bona fide and lawful, commercial, manufacturing or industrial applications or processes, provided such possession and use is only to the extent necessary to complete such applications or processes.

(6) There is a current and immediate threat to the public health, safety, and welfare in that the manufacture, processing, transportation, possession, and sales of illicit narcotics and drugs are inherently dangerous and that chemicals, compounds, substances, by-products and wastes which are associated with the manufacture of illicit narcotics and drugs are both dangerous and injurious to the health, welfare, and safety of citizens of the city.

(7) Regulation over the sale of butane provides one way to regulate the manufacture of honey oil.

(8) No provisions of this chapter shall hinder or supersede any other applicable state or federal statute.

(Ord. No. 2017-03, § 1(11.30.010), 2-16-2017)

For the purposes of this chapter:

Butane means five times refined ("5x") or higher of any of the following: iso-butane, n-butane, and butane.

Customer means any person who purchases or acquires the products described in this chapter, or persons who are present for the purchase or acquisition of the products described in this chapter.

Retailer means any retail business, company, corporation, person, employee, associate, or wholesaler who furnishes, distributes, sells or gives away products as described in this chapter.

Sell means to furnish, give away, exchange, transfer, deliver, surrender, or supply whether for monetary gain or not.

(Ord. No. 2017-03, § 1(11.30.020), 2-16-2017)

A. No retailer shall knowingly sell to a single customer and no single customer shall acquire more than one thousand two hundred (1,200) milliliters of butane, within a thirty (30) day period.

B. No retailer shall sell butane to persons under the age of eighteen (18) years old.

C. No person shall be in possession of more than one thousand two hundred (1,200) milliliters of butane at any one (1) time.

D. Retailers shall keep a log of all butane sales, including the date of sale, amount purchased, and the name and address of the individual purchasing the butane, as verified by a driver's license or other official, government-issued photo identification listing a place of residence. Retailers shall retain records for a period of at least two (2) years from the date of the sell and shall furnish copies of records to city officials upon request.

E. No retailer shall display for sale, trade or exchange, any butane except in an area from which the public shall be securely precluded without employee assistance. Two (2) such acceptable methods for displaying Butane for sale shall be by containment in:

(1) A completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or

(2) In an enclosed area behind a sales or service counter from which the public is precluded from entry.

F. The provisions of this section shall not apply to persons possessing and using butane in bona fide and lawful, commercial, manufacturing or industrial applications or processes, provided such possession and use is only to the extent necessary to complete such applications or processes. Lawful shall mean compliance with all applicable federal, state and City of Jurupa Valley ordinances.

(Ord. No. 2017-03, § 1(11.30.030), 2-16-2017)

A. Violation of any provision of this chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this Code. Violations of any provision of this chapter may also be enforced through administrative citations pursuant to the provisions of Title 1 of this Code. The provisions of this chapter may be enforced by members of the Riverside County Police Department, persons employed by the city whose job descriptions require the person to enforce the provisions of this Code, including but not limited to, code enforcement officers, and such other Enforcement Officials as described in Section 1.10.010 of this Code or its successor sections.

B. Any violation of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial marijuana business or marijuana activity and restrain and enjoin any person from violating the provisions of this chapter.

(Ord. No. 2017-03, § 1(11.30.040), 2-16-2017)