Chapter 8.36
PUBLIC USE AND DISPLAY OF MEDICAL MARIJUANA
Sections:
8.36.030 Public display, smoking, or consumption of medical marijuana--Prohibited.
8.36.040 State law superseded and applicable.
8.36.050 Violation and penalty.
8.36.060 No private right of action.
8.36.010 Purpose and intent.
A. The purpose of this chapter is to identify acts regarding the medical use of marijuana within the town of West Yellowstone that are not authorized to be conducted in a manner open or visible to the general public. In addition, the purpose of this chapter is to identify that acts related to smoking, consuming, or displaying medical marijuana in certain public areas are to be punished as criminal acts and as such shall be subject to criminal penalties. The purpose of establishing these acts where the use is further limited by the town as criminal is to protect the public’s health, safety, and general welfare.
B. It is the intent of this chapter that the visible or open display, smoking, or consumption of medical marijuana is to be confined to private property where that property or portions thereof are not adapted and fitted for public travel or are not in common use by the public. (Ord. 253 §1 (part), 2010)
8.36.020 Definitions.
A. "Marijuana" has the meaning provided in Section 50-32-101, MCA.
B. "Medical marijuana" means the uses of marijuana described in Section 50-46-102(5), MCA. Other phrases herein such as "the use of medical marijuana" or "the medical use of marijuana" shall have the same meaning and include the term "usable marijuana."
C. "Ways of the town open to the public" means any highway, road, driveway, alley, lane, parking area, sidewalk, park, trail, or other public or private place within the town of West Yellowstone that is adapted and fitted for the use of the public and that is in common use by the public. (Ord. 253 §1 (part), 2010)
8.36.030 Public display, smoking, or consumption of medical marijuana--Prohibited.
No person authorized by Title 50, Chapter 46, MCA, to acquire, possess, cultivate, manufacture, deliver, transfer, or transport medical marijuana may, on the ways of the town open to the public, display, smoke, or consume medical marijuana in an open or visible manner. (Ord. 253 §1 (part), 2010)
8.36.040 State law superseded and applicable.
The provisions of this chapter shall supersede Title 50, Chapter 46, MCA, only in so far as this chapter expands the limitations on the use of medical marijuana. All other provisions of state law related to medical marijuana or marijuana shall be applicable. (Ord. 253 §1 (part), 2010)
8.36.050 Violation and penalty.
A violation of any portion of this chapter is a misdemeanor and upon conviction a person shall be fined not more than five hundred dollars or imprisoned in the Gallatin County Detention Center for a period not to exceed six months or both such fine and imprisonment. A person so convicted shall also be required to pay all costs and expenses of prosecution and the courts as authorized by law. (Ord. 253 §1 (part), 2010)
8.36.060 No private right of action.
Nothing in this chapter shall be construed to create a private right of action regarding the acquisition, possession, cultivation, manufacture, delivery, transfer, or transport of either marijuana or medical marijuana. (Ord. 253 §1 (part), 2010)