Tehama County Municipal Code Ch. 9.07 Regulation of Butane Sale and Possession

Under the authority granted in Article XI, Section 7 of the California Constitution and Government Code section 53069.4, the County of Tehama, by and through its board of supervisors, does enact this chapter of the Tehama County Code, which shall be known as the Butane Sale and Possession Ordinance.

(Ord. No. 2021, § 1, 3-22-2016)

A. Northern California has experienced a recent increase in explosions caused from manufacturing honey oil (also known as concentrated cannabis or hash oil) in clandestine labs using Butane. These explosions have caused considerable property damage, personal injury and even death to those participating in the manufacturing process, and to innocent bystanders.

B. The concentrated cannabis is frequently manufactured at a "honey oil lab" where Butane is used to dissolve the tetrahydrocannabinol ("THC") resin from marijuana plants, which concentrates into a liquid/oil form as a result of the Butane's stripping process. Stripping THC using Butane often causes flammable Butane vapors to accumulate low to the ground, remaining exposed to ignition sources.

C. Such conditions present a serious hazard to property and persons, including first responders and innocent bystanders; where potential ignition sources are present, the risk of loss from an explosion is grave.

D. The sale and possession of Butane presently occurs within the unincorporated area of Tehama County 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 and the attendant dangers and adverse health risks to residents and first responders in the unincorporated area of the County of Tehama.

(Ord. No. 2021, § 1, 3-22-2016)

For the purpose of this chapter the following definitions apply:

A. "Butane" shall mean and shall include any of the following: butane, iso-butane, and n-butane.

B. "Canister" shall mean a single container designed or used for the storage of Butane under pressure.

C. "Code" shall mean the Tehama County Code.

D. "Customer" shall mean any person who purchases, receives, or otherwise acquires Butane within the unincorporated area of Tehama County. "Customer" does not include any of the following:

1. A wholesaler or retailer acquiring Butane solely for purposes of resale.

2. An employee of a landfill operator or solid waste collector operating under a franchise, contract, license, or permit issued by a public agency, acting within the course and scope of their duties.

3. A public employee acting within the course and scope of their duties.

E. "Customer's identification" shall mean a customer's first and last name as verified from a valid driver's license or other official and valid government-issued identification that contains a photograph of the customer and a residential or mailing address.

F. "Day" shall mean calendar day.

G. "Person" shall mean an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

H. "Retailer" shall mean any person who sells or otherwise provides Butane to any customer within the county.

I. "Sell" shall mean to furnish, provide, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for consideration or gratuitously.

J. "Transaction" shall mean any purchase, sale, furnishing, provision, trade, loan, gift, transfer, transmission, delivery, or deposit of Butane, or any other acquisition or disposition of Butane by whatever means affected.

K. "Wholesaler" shall mean a person whose business is the selling of goods in gross to retailers for purposes of resale.

(Ord. No. 2021, § 1, 3-22-2016)

A. It is unlawful for any retailer or other person to sell, offer to sell, or otherwise provide to a customer any number of Butane canisters that exceed a combined total storage capacity of six hundred milliliters (twenty-one ounces) of Butane during any single transaction.

B. It is unlawful for any Customer to purchase or acquire any number of Butane canisters that exceed a combined total storage capacity of six hundred milliliters (twenty-one ounces) of Butane during any thirty-day period.

C. It is unlawful for any person to have in their possession, custody or control any number of Butane canisters that exceed a combined total storage capacity of six hundred milliliters (twenty-one ounces) of Butane at any one time. This limitation shall not apply to Butane canisters possessed by a wholesaler or retailer solely for purposes of resale.

(Ord. No. 2021, § 1, 3-22-2016)

A. For every sale of Butane to a customer, the retailer shall prepare a bill of sale that identifies the date of sale, quantity of Butane purchased, and the customer's identification. The retailer shall retain a copy of the bill of sale in readable form for a period of at least two years.

B. If shall be unlawful for any retailer to sell, offer to sell, or distribute Butane to any customer without complying with this section.

C. Any retailer shall provide the county, upon written request, copies of the records described in this section.

(Ord. No. 2021, § 1, 3-22-2016)

A. Any person violating any provision of this chapter shall be guilty of a misdemeanor.

B. Any violation of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated, and administrative penalties may be imposed, in the manner set forth in Chapter 10.16, in addition to any other remedies.

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

D. A separate violation of this chapter shall exist for every single Butane canister sold, purchased, or possessed in violation of this chapter.

(Ord. No. 2021, § 1, 3-22-2016)

If any section, subsection, sentence, clause, portion, or phrase of this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The board hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.

(Ord. No. 2021, § 1, 3-22-2016)

Nothing herein is intended to limit the county 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 this Code or State or Federal law.

(Ord. No. 2021, § 1, 3-22-2016)