Sec. 94-218. Offenses related to marijuana.
(a) For the purposes of this section, the term "marijuana" shall include all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resins, but shall not include fiber produced from its stalks, oil or cake made from the seeds of such plant or the sterilized seed of such plant which is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this section.
(b) It shall be unlawful for any person under 21 years of age to possess two ounces or less of marijuana.
(c) Unless otherwise provided it shall be unlawful for any person 21 years of age or older to possess more than one ounce and less than two ounces of marijuana.
(d) Unless otherwise provided it shall be unlawful for any person to possess more than two ounces but less than 12 ounces of marijuana.
(e) It shall be unlawful for any person to openly and publicly, consume two ounces or less of marijuana.
(f) Except for a person who lawfully cultivates medical marijuana pursuant to the authority granted in Section 14 of Article XVIII of the State Constitution, it shall be unlawful for a person under 21 years of age to knowingly cultivate, grow or produce six or fewer marijuana plants or knowingly allow six or fewer marijuana plants to be cultivated, grown or produced on land that the person owns, occupies or controls.
(g) Penalties.
(1) Any person convicted of subsection (b) or (c) of this section shall be punished by a fine of not more than $100.00.
(2) Any person who is convicted of subsection (e) of this section shall be punished, at a minimum, by a fine of not less than $100.00 or, at a maximum, by a fine of not more than $100.00 and 15 days in jail.
(h) It shall not be an offense under subsections (c) and (d) of this section for a person 21 years of age or older to possess, grow, process or transport six or fewer marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. (Code 1979, § 27-2; Ord. No. 2012-56, § 1, 1-7-2013; Ord. No. 2012-09, § 1, 3-19-2012)