Chapter 9.25
MARIJUANA
Sections:
9.25.020 Possession of marijuana by persons under 21.
9.25.040 Use of marijuana in a public place.
* Prior legislation: Ord. 398.
** Code reviser’s note: For provisions regarding the tax on marijuana and marijuana-infused products, see Chapter 3.40 VMC.
9.25.010 Definitions.
(1) “Cannabinoid” means any of the chemical compounds that are the active constituents of marijuana.
(2) “Cannabinoid concentrate” means a substance obtained by separating cannabinoids from marijuana by:
(a) A mechanical extraction process;
(b) A chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;
(c) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide; provided, that the process does not involve the use of high heat or pressure; or
(d) Any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority, by rule.
(3) “Cannabinoid extract” means a substance obtained by separating cannabinoids from marijuana by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;
(b) A chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or
(c) Any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority, by rule.
(4) “Cannabinoid product” means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair that contains cannabinoids or dried marijuana leaves or flowers. “Cannabinoid product” does not include:
(a) Usable marijuana by itself;
(b) A cannabinoid concentrate by itself;
(c) A cannabinoid extract by itself; or
(d) Industrial hemp, as defined in ORS 571.300.
(5) “Homegrown” or “homemade” means grown or made by a person 21 years of age or older for noncommercial purposes.
(6) “Marijuana” means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. “Marijuana” does not include industrial hemp, as defined in ORS 571.300.
(7) “Marijuana items” means marijuana, cannabinoid products, cannabinoid concentrates and cannabinoid extracts.
(8) “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 areas used in connection with public passenger transportation.
(9) “Usable marijuana” means the dried leaves and flowers of marijuana. “Usable marijuana” does not include:
(a) The seeds, stalks and roots of marijuana; or
(b) Waste material that is a by-product of producing or processing marijuana. (Ord. 522 § 1, 2015)
9.25.020 Possession of marijuana by persons under 21.
Unlawful possession of one avoirdupois ounce or less of marijuana by a person under 21 years of age is a specific fine violation. The presumptive fine for a violation of this section is $650.00. (Ord. 522 § 1, 2015)
9.25.030 Public view.
(1) A person may not produce, process or store homegrown marijuana or homemade cannabinoid products or cannabinoid concentrates if the homegrown marijuana or homemade cannabinoid products or cannabinoid concentrates 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. The presumptive fine for a violation of subsection (1) of this section is $260.00. (Ord. 522 § 1, 2015)
9.25.040 Use of marijuana in a public place.
(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. The presumptive fine for a violation of subsection (1) of this section is $260.00. (Ord. 522 § 1, 2015)