Ontario Municipal Code Ch. 17 Regulation of Butane Purchases

(a) The City Council finds that 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.

(b) The City Council finds that 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 Cannabis plant.

(c) The City Council finds that 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.

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

(§ 2, Ord. 3048, eff. June 2, 2016, § 6, Ord. 3236, eff. January 19, 2023)

For the purposes of this article:

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

(b) “Retailer” means any retail business, company, corporation, person, employee, associate, or wholesaler who furnishes, distributes, sells or gives away products as described in this section.

(c) “Customer” means any person who purchases or acquires the products described in this section, or persons who are present for the purchase or acquisition of the products described in this section.

(d) “Sell” means to furnish, give away, exchange, transfer, deliver, surrender, or supply whether for monetary gain or not.

(§ 2, Ord. 3048, eff. June 2, 2016)

(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, per transaction.

(b) Retailers shall keep a log of all butane sales cumulatively or individually amounting to greater than six hundred (600) milliliters in a single transaction, 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 one (1) year and shall furnish copies of records to City officials upon request.

(c) 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.

(§ 2, Ord. 3048, eff. June 2, 2016)

Any person, customer, or retailer violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(§ 2, Ord. 3048, eff. June 2, 2016)