Chapter 8.40 — BUTANE RESALE REGULATION

Under the authority granted in Article XI, Section 7 of the California Constitution and Government Code Sections 36900 and 36901, the City of Orland, by and through its council, does enact this chapter of its

Municipal Code, which shall be known as the "Butane Resale Regulation."

(Ord. No. 2016-06, § 1)

A.

The northern region of our state has experienced a recent increase in explosions caused from the manufacture of honey oil (also known as hash oil) in clandestine labs using five times refined (5X) butane. These incidents have caused considerable property damage, personal injury and even death to those participating in the manufacturing process and to innocent bystanders.

B.

5X refined butane is used to dissolve the tetrahydrocannabinol (THC) resin, which concentrates into a liquid/oil form as a result of the butane's stripping process. The stripping of the THC through use of refined butane causes flammable butane vapors to accumulate low to the ground and remain exposed to ignition sources. Studies suggest that 99.5 percent of the extracted THC butane mixture will volatilize into the immediate area and find an ignition source if 5X refined butane and higher is used.

C.

A honey oil lab using 5X refined butane and higher presents a serious hazard for first responders as the gas has no odor and can only be detected by a combustible gas instrument. Such conditions present grave risk of loss where devices such as a TASER are capable of igniting the gas resulting in an explosion.

D.

The resale of 5X refined butane occurs at levels sufficient to aid the manufacture of honey oil. Such sales and possession of butane should be regulated to prevent the use of butane in the manufacture of honey oil where such activity presents grave dangers to the people of the city of Orland and the first responders therein.

(Ord. No. 2016-06, § 1)

For the purpose of this chapter the following definitions apply:

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

"Canister" means a single container in which butane is stored or collected or from which butane is dispensed.

"Code" means the Orland Municipal Code.

"Customer" means any person who is sold or acquires during a transaction products from any reseller.

"Day" means calendar day.

"Package" means butane offered for sale at quantities of two or more canisters.

"Person" means a corporation, co-partnership, or association as well as a natural person.

"Reseller" means any business, company, corporation, person, employee or associate that sells, offers to sell, or distributes products to any customer within the city of Orland. It does not include any wholesaler engaged in a wholesale transaction.

"Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration.

"Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic or manual transfer between accounts or any other acquisition or disposition of property by whatever means effected.

"Wholesaler" means a person whose business is the selling of goods in gross to retail stores for purposes of resale.

(Ord. No. 2016-06, § 1)

A.

It is unlawful for any reseller to sell, offer to sell, or distribute to a customer in the city of Orland any number of butane canisters that exceed a combined total storage quantity of 600 ml (20.3 oz.) of butane at any one time.

B.

It is unlawful for any person that is not a reseller or wholesaler to have in their possession, custody or control in the city of Orland any number of butane canisters that exceed a combined total storage quantity of 600 ml (21.3 oz.) of butane at any one time.

C.

It is unlawful for any customer to purchase or acquire in the city of Orland any number of butane canisters that exceed a combined total storage quantity of 600 ml (21.3 oz.) of butane per calendar month, whether sold individually or by the package.

(Ord. No. 2016-06, § 1)

A.

For every sale of butane, every reseller shall prepare a bill of sale that identifies the date of sale, quantity of butane purchased, and the customer's identification. The customer's identification as used herein shall mean a person's first and last name as verified from a valid driver's license or other official and valid state-

issued identification that contains a photograph of the customer and a residential or mailing address. Resellers shall retain a copy of the bill of sale in readable form for a period of two years.

B.

It shall be unlawful for any reseller to sell butane to any customer without complying with this Section

C.

Upon written request, a reseller shall provide copies of the records described in this section to the city of Orland.

(Ord. No. 2016-06, § 1)

A.

Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.12 of this code. A violation of this chapter is a misdemeanor and subject to a one thousand dollars ($1,000.00) penalty, per violation (Government Code Section 36901). A separate violation shall exist for every single canister sold or possessed in violation of this chapter.

B.

This chapter is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent.

C.

A violation of any provision of this chapter constitutes a public nuisance.

(Ord. No. 2016-06, § 1)

Nothing herein is intended to limit the city from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of the code or state or federal law.

(Ord. No. 2016-06, § 1)