Upland Municipal Code Ch. 9.56 Regulation of Butane Purchases

Butane refined five times (5x) or higher is used to dissolve tetrahydrocannabinol (THC) resin from marijuana stems, leaves and buds, which concentrates into a liquid/oil form as a result of the butane's stripping process. Stripping THC through the use of refined butane of 5x or higher causes flammable butane vapors to accumulate low to the ground and remain exposed to ignition sources, causing explosions, some of which have severely burned butane honey oil lab operators and caused injuries to innocent bystanders. The sale of refined butane 5x or higher occurs at levels sufficient to aid the manufacture of butane honey oil. Such activity presents a current and immediate threat to the public health, safety and welfare of the city of Upland community. The purpose and intent of this chapter is to provide the city with reasonable measures to address the dangers to the community posed by the sale of butane refined 5x or higher.

(Ord. 1916 § 3, 2017)

"Butane"

means iso-butane, n-butane and butane five times refined (5x) or higher.

"Canister"

means a single container in which 300 ml (10.6 ounces) of butane is stored or collected or from which 300 ml (10.6 ounces) of butane is dispensed.

"Customer"

means any person who purchases or acquires butane.

"Package"

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

"Person"

means a natural person, corporation, partnership, or association.

"Retailer"

means any business, company, corporation, person, employee or associate who furnishes, distributes, sells or gives away butane to any customer. "Retailer" does not include any wholesaler engaged in a wholesale transaction.

"Sell"

means to furnish, give away, exchange, transfer, deliver, surrender, distribute, or supply, whether or not for monetary gain.

"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 retailers for the purposes of resale.

(Ord. 1916 § 3, 2017)

A. No retailer or person shall sell to a customer more than two canisters of butane during a single transaction.

B. No person shall purchase or acquire more than two canisters of butane per month, whether sold individually or by the package.

C. No person shall have in their possession, custody or control more than two canisters of butane at any one time. This provision does not apply to retailers or wholesalers.

(Ord. 1916 § 3, 2017)

A. For each sale of butane, every retailer 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, valid state-issued identification that contains a photograph of the customer, and customer's residential or mailing address. Retailer shall retain a copy of the bill of sale in readable form for a period of two years.

B. It is unlawful for any retailer to sell butane to any customer without complying with subsection A of this section.

(Ord. 1916 § 3, 2017)

A. Unless otherwise provided by this chapter or state law, 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 $1,000.00 or imprisonment for a term not exceeding six months, per violation. A separate violation shall exist for each canister sold or possessed in violation of this chapter.

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

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

(Ord. 1916 § 3, 2017)