Chapter 9.60
MARIJUANA
Sections:
9.60.030 Unlawful possession of marijuana.
9.60.050 Use of marijuana in public place prohibited.
9.60.060 Homegrown marijuana in public view prohibited.
9.60.070 Providing marijuana to certain persons prohibited.
9.60.080 Hosting party for minors.
9.60.010 Purpose.
The purpose of this chapter is to minimize any adverse public safety and public health impacts that may result from the legal use of marijuana in the City by prohibiting certain acts within the City of Harrisburg and is intended to further the following objectives:
1. Prevent the distribution of marijuana to persons under 21 years of age;
2. Prevent revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
3. Prevent the diversion of marijuana from this State to other states;
4. Prevent marijuana activity that is legal under State law from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
5. Prevent violence and the use of firearms in the cultivation and distribution of marijuana;
6. Prevent drugged driving and the exacerbation of other adverse public health consequences associated with the use of marijuana. [Ord. 940 § 1, 2016.]
9.60.020 Definitions.
For the purposes of this section, the following definitions shall apply:
1. “Juvenile party” means a social gathering attended by one or more persons under the age of 21.
2. “Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not, other than marijuana extracts.
3. “Marijuana extract” means a product obtained by separating resins from marijuana by solvent extraction, using solvents other than vegetable glycerin, such as butane, hexane, isopropyl alcohol, ethanol, and carbon dioxide.
4. “Marijuana items” means marijuana, marijuana products, and marijuana extracts.
5. “Marijuana products” means products that contain marijuana or marijuana extracts and are intended for human consumption.
6. “Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation. [Ord. 940 § 1, 2016.]
9.60.030 Unlawful possession of marijuana.
1. It is unlawful for any person under 21 years of age knowingly or intentionally to possess marijuana or marijuana product.
2. Unlawful possession of less than one avoirdupois ounce of marijuana by a person under 21 years of age is a specific fine violation. The presumptive fine for a violation under this subsection is $650.00.
3. It shall be an affirmative defense, consistent with ORS 475.319, if a person is acting within the scope of and in compliance with the Oregon Medical Marijuana Act. [Ord. 940 § 1, 2016.]
9.60.040 Attempted purchase of marijuana by person under 21 – Entry of licensed premises by person under 21.
1. A person under 21 years of age may not attempt to purchase marijuana items.
2. Except as authorized by rule or as necessitated in an emergency, a person under 21 years of age may not enter or attempt to enter any portion of a licensed premises that is posted or otherwise identified as being prohibited to the use of minors.
3. A person who violates subsection (1) or (2) of this section commits a Class B violation.
4. It shall be an affirmative defense to this section if a person is acting within the scope of and in compliance with the Oregon Medical Marijuana Act.
5. The prohibitions of this section do not apply to a person under 21 years of age who is acting under the direction of the Oregon Liquor Control Commission or under the direction of State or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of marijuana items to persons who are under 21 years of age. [Ord. 940 § 1, 2016.]
9.60.050 Use of marijuana in public place prohibited.
1. It is unlawful for any person to engage in the use of marijuana items in a public place.
2. A violation of subsection (1) of this section is a Class B violation. [Ord. 940 § 1, 2016.]
9.60.060 Homegrown marijuana in public view prohibited.
1. No person may produce, process, keep, or store homegrown marijuana or homemade marijuana products if the homegrown marijuana or homemade marijuana products can be readily seen by normal unaided vision from a public place.
2. A violation of subsection (1) of this section is a Class B violation. [Ord. 940 § 1, 2016.]
9.60.070 Providing marijuana to certain persons prohibited.
1. No one shall sell, give, or otherwise make available any marijuana or marijuana products to a person under the age of 21 years.
2. A person who sells, gives, or otherwise makes available marijuana or marijuana products to a person with the knowledge that the person will violate this subsection.
3. A violation of this section is a Class A misdemeanor. Upon conviction, the court shall impose at least a mandatory minimum sentence:
a. Upon a first conviction, a fine of $1,000;
b. Upon a second conviction, a fine of $3,500, and not less than 60 days of imprisonment; and
c. Upon a third conviction, a fine of $5,000 and not less than 120 days of imprisonment.
4. The mandatory minimum penalty provisions of subsection (3) of this section shall not apply to persons licensed or appointed by or through the Oregon Liquor Control Commission.
5. It shall be an affirmative defense to this section if a person is acting within the scope of and in compliance with the Oregon Medical Marijuana Act as a designated primary caregiver as defined under ORS 475.312.
6. Except as provided in subsection (2) of this section, this section is intended to be a strict liability crime and the court shall not require proof of a mental state. [Ord. 940 § 1, 2016.]
9.60.080 Hosting party for minors.
1. No person shall permit, allow or host a juvenile party at his or her place of residence or premises under the person’s control while marijuana or marijuana products are consumed or possessed by any minor.
2. This section is intended to be a strict liability crime and the court shall not require proof of a mental state.
3. A violation of this section is a Class A misdemeanor. Upon conviction, the court shall impose at least a mandatory minimum sentence:
a. Upon a first conviction, a fine of $1,000;
b. Upon a second conviction, a fine of $3,500 and not less than 60 day imprisonment; and
c. Upon a third conviction, a fine of $5,000 and not less than 120 days of imprisonment. [Ord. 940 § 1, 2016.]
9.60.090 Marijuana odor.
1. No owner of real property or person in charge thereof shall allow, permit or cause the odor of marijuana to emanate from that premises to any other property.
2. Violation of subsection (1) of this section is declared to be a public nuisance, and is subject to the requirements and penalties of Chapter 8.05 HMC. Violations of this section may be abated in the manner provided in this section. [Ord. 940 § 1, 2016.]
9.60.100 Diversion.
1. A person charged with unlawful possession of marijuana may be eligible for a diversion agreement, if the offense for which the defendant is before the court is the defendant’s first offense, and the defendant files with the court a petition for a possession of marijuana diversion agreement.
2. Unlawful possession of marijuana diversion petitions shall be available to a defendant at the court. The petition form shall conform to the requirements of State law.
3. Diversion procedures shall be as prescribed by State statutes for possession of marijuana diversion agreements. [Ord. 940 § 1, 2016.]