Sec. 94-224. Limitations on the manufacture of marijuana concentrate.
(a) Except as provided in subsection (c) of this section, it shall be unlawful for a person to process or manufacture marijuana concentrate anywhere in the City.
(b) Except as provided in subsection (c) of this section, it shall be unlawful for any person who owns, manages, operates [or] otherwise controls the use of any premises anywhere in the City to allow marijuana concentrate to be processed or manufactured on the premises.
(c) It shall not be an offense under this section to process or manufacture marijuana concentrate if:
(1) The production of marijuana concentrate is done in a licensed retail marijuana product manufacturing facility and in compliance with all applicable state and local laws, and all rules and regulation promulgated thereunder, including any and all necessary permits.
(2) The production of marijuana concentrate is done by means of a water-based extraction method and is done in compliance with all applicable state and local laws, and all rules and regulations promulgated thereunder.
(d) The following words and terms, as used in this section, shall have the following meaning:
Cannabinoid means a class of chemical compounds found within the marijuana plant that act on the cannabinoid receptors in the central nervous system. Cannabinoids are separated into several classes which includes tetrahydrocannabinols (THC), the main active cannabinoid in marijuana.
Manufacture means to produce, prepare, propagate, compound, convert or process a controlled substance, directly or indirectly, by extraction from substances of natural origin, chemical synthesis, or a combination of extraction and chemical synthesis. The term "manufacture" includes removing or extracting the oil from a marijuana plant.
Marijuana means all parts of the plant of the genus Cannabis whether growing or not, the seed thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
Marijuana concentrate means hashish, cannabinoids, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of cannabinoids.
Water-based extraction means processing or manufacturing marijuana concentrate by extracting cannabinoids from marijuana through the use of only water, ice, or dry ice. (Ord. No. 2015-19, § 1, 4-27-2015)