Sacramento Municipal Code Ch. 8.52 Butane Sales and Possession

Butane is a highly volatile solvent used in extracting crystals containing tetrahydrocannabinol (THC) from cannabis flowers. The process generates a substance known as "hash oil," "honey oil," "resin," "wax," "shatter" or "dab," (hereafter "honey oil").

Butane can easily explode when exposed to an ignition source. The uncontrolled extraction of THC through the use of refined butane causes flammable butane vapors to accumulate low to the ground near ignition sources such as oven and water heater pilot lights, and electric static discharge from floor-covering friction. A study by the County of San Diego's Department of Environmental Health, Hazardous Materials Division, found that 99.5 % of extracted THC butane mixture volatilizes in immediate areas making it highly susceptible to easy ignition. The use of butane in the extraction process has also resulted in numerous incidents, including dwelling fires and explosions causing third-degree burns and other serious injuries, and, in some cases, death. Additionally, innocent bystanders and public safety personnel, including law enforcement officers and firefighters, have been placed at risk or incurred injury when responding to calls for service. A butane honey-oil lab presents a serious hazard for first responders as butane is an odorless gas that 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.

Most uses of butane do not require the large quantities associated with honey oil production.

The sale of butane occurs at levels sufficient to aid the manufacture of honey oil. Such sales and possession of butane should therefore be regulated to prevent the use of butane in the manufacture of honey oil where such activity presents grave dangers to city residents and first responders. (Ord. 2018-0020 § 2)

For the purpose of this chapter, the following definitions apply:

"Bill of sale" means the written or electronic record of a retail butane transaction as required under section 8.52.030.

"Butane" means iso-butane (also known as "ethyl propane"), n-butane, or refined butane of any power.

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

"Customer" means any person who is sold or acquires butane from any retailer during a transaction.

"Manufacturer" means any person who separates butane from unprocessed natural gas or extracts butane from unrefined petroleum (also known as "crude oil").

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

"Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply.

"Retailer" means any person that sells, or offers to sell, products to any customer. It does not include any wholesaler engaged in a wholesale transaction or any manufacturer transacting with a wholesaler or retailer for purposes of resale.

"Wholesaler" means any person whose business is the selling of goods in gross to retailers for purposes of resale. (Ord. 2018-0020 § 2)

A. No retailer shall sell, or offer to sell, to a customer any number of butane canisters that exceed a combined total storage quantity of 600 mL of butane during any single transaction.

B. A retailer shall maintain a bill of sale at the location of a butane transaction with a customer for a period of not less than two years from the date of the transaction. The customer shall provide, and the retailer shall record on the bill of sale, at the time of the butane transaction, the following information:

1. The date of the transaction;

2. The name of the customer;

3. The name, address, and date of birth of the person accepting receipt of the butane on behalf of the customer;

4. The driver's license number, state identification card number, passport number, or other valid government-issued photographic identification of the person accepting receipt of the butane on behalf of the customer;

• 5. The brand, type, and quantity of butane transferred to the customer;
• 6. The identity of the person transferring the butane on behalf of the retailer.

• C. No customer shall purchase or acquire any number of butane canisters that exceed a combined total storage

quantity of 600 mL of butane, whether sold individually or by the package, during any 30-day period.

D. No customer shall possess, or have in his or her custody or control, any number of butane canisters that exceed a combined total storage quantity of 600 mL of butane at any one time.

E. The limitations in subsections C and D do not apply to the following:

1. Butane canisters possessed by persons solely for the purposes of furthering their ongoing, lawful, commercial operations; or

2. Butane canisters containing a sulfur-containing odorant, such as ethyl mercaptan. (Ord. 2018-0020 § 2)8.52.030

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 pursuant to chapter 1.28.

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

C. 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. 2018-0020 § 2)