Sacramento Municipal Code Ch. 8.133 Places Where Consumption of Cannabis Is Prohibited

While recognizing a person's right to obtain and consume cannabis and cannabis products, the city council believes that consumption should be restricted from certain places. Consuming cannabis and cannabis products in those places is a nuisance and presents a real and imminent threat to the public health, safety, and welfare.

Specifically, the open and public consumption of cannabis or cannabis products increases the public's exposure of secondhand smoke, similar to tobacco. In or near schools and playgrounds, consumption increases the exposure of cannabis use to developing youths.

In addition, consumption within nonresidential buildings that are not regulated to safely manage such activity exposes the public to some of the public safety and welfare concerns of unpermitted cannabis businesses and illegal cultivation of cannabis. These buildings often have fire and safety hazards created by either the lack of ventilation or unpermitted installation of air-filtration systems to conceal the odor of both cannabis flower and smoked cannabis. These buildings also often lack the security protocols necessary for the possession or storage of cannabis in large quantities, thereby substantially increasing the chance that violent criminal activity will occur.

Accordingly, the purpose of this chapter is to prohibit the open and public consumption of cannabis or cannabis products in or near schools, playgrounds, and unregulated nonresidential buildings except buildings or facilities as prescribed in chapter 5.150, including events in accordance with section 5.150.360.C. (Ord. 2024-0044 § 11)

The following definitions apply in this chapter:

"Cannabis" has the same meaning as in California Business and Professions Code section 26001.

"Cannabis business" has the same meaning as in section 5.150.010.

"Cannabis product" has the same meaning as in California Business and Professions Code section 26001, subdivision (k).

"Commercial cannabis activity" has the same meaning as in California Business and Professions Code section 26001, subdivision (m).

"Consumption" means the act of smoking, vaping, or ingesting.

"Smoking" has the same meaning as in section 8.80.030. (Ord. 2024-0044 § 11)

A. No person shall consume cannabis or cannabis products in any nonresidential building or facility, or any nonresidential portion of a building or facility, except as part of a commercial cannabis activity of a permitted cannabis business pursuant to chapter 5.150.

B. No person shall aid or abet the consumption of cannabis or cannabis products in violation of subsection A. (Ord. 2024-0044 § 11)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties.

B. Civil penalties for violations of this chapter.

1. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues, except as provided in subsection B.2.

2. Any person who violates section 8.133.030.B is liable for civil penalties of an aggregate amount calculated at $1,000 per occurrence.

C. Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine not to exceed $1,000, imprisonment in the county jail for a term not to exceed six months, or both.

D. Administrative penalties for a violation of a provision of this chapter are governed by chapter 1.28, except for the following:

1. The amount of the administrative penalty is an aggregate amount calculated at $1,000 per day that the violation exists; and

2. The amount of the appeal fee is set by city council resolution.

E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2024-0044 § 11)