Ordinance 16-24 Prohibit Extraction of Tetrahydrocannabinol ("THC") Using Materials or Methods Deemed Dangerous

Summary

An Ordinance of the City Council of Homer, Alaska, Amending Title 5 to Add a New Chapter 5.44 to Prohibit the Extraction of Tetrahydrocannabinol ("THC") or Any Cannabinoid by Use of Materials or Methods Deemed Dangerous to Public Health and Safety, Unless Otherwise Permitted By Law. City Manager/Fire Chief.

Ordinance/Resolution ID: 
16-24
Ordinance/Resolution Status: 
Adopted
Introduction Date: 
05/23/2016
Effective Date: 
06/14/2016
File Attachments: 
Public Hearing Date: 
06/13/2016
Second Reading Date: 
06/13/2016

Details

CITY OF HOMER

HOMER, ALASKA

City Manager/

Fire Chief

ORDINANCE 16-24

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING TITLE 5 TO ADD A NEW CHAPTER 5.44 TO PROHIBIT THE EXTRACTION OF TETRAHYDROCANNABINOL ("THC") OR ANY CANNABINOID BY USE OF MATERIALS OR METHODS DEEMED DANGEROUS TO PUBLIC HEALTH AND SAFETY, UNLESS OTHERWISE PERMITTED BY LAW.

 

               WHEREAS, In 2014, Alaska voters approved a ballot measure legalizing personal recreational marijuana use and possession of marijuana and marijuana paraphernalia; and

 

               WHEREAS, Other jurisdictions that have legalized marijuana have experienced an increase in fires and explosions related to certain methods of manufacturing marijuana products, including the use of highly flammable materials and methods to extract THC oil from the marijuana plant, resulting in significant personal injury, death and property damage; and

 

WHEREAS, The City of Homer is dedicated to drafting regulations to protect the public health and safety against known and unreasonable risks of certain manufacturing processes of a legalized marijuana industry.

 

THE CITY OF HOMER ORDAINS:

 

Section 1. Homer Municipal Code is hereby amended by adding a new chapter 5.44 Prohibited Acts Regarding Marijuana, as follows:

 

Chapter 5.44 Prohibited Acts Regarding Marijuana.

 

5.44.010             Certain manufacturing processes prohibited.

 

A.           It shall be unlawful for any person to:

 

1.           manufacture a marijuana concentrate, hashish, or hash oil by use of solvents containing compressed flammable gases or through use of a solvent-based extraction method using a substance other than vegetable glycerin, unless the person is validly licensed and permitted in accordance with statute, regulation, or ordinance.

B.           Definitions.  For purposes of this section:

 

 

 

               C.           Seizure.

              

1.           Any marijuana as defined in AS 17.38.900, equipment, material, product, package or container possessed, used or intended to be used, or produced in violation of this section may be seized and held as evidence to be used in any future proceeding and may be disposed of as appropriate after their use for evidentiary purposes is no longer required, including in accordance with chapter 18.30 of this code.

 

Section 2.   This ordinance shall take effect upon its adoption by the Homer City Council.

 

Section 3.   This ordinance shall be of a permanent and general character and shall be included in the City code.

 

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ___ day of _______ 2016.

 

CITY OF HOMER

 

______________________
MARY E. WYTHE, MAYOR

 

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

 

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

 

Reviewed and approved as to form:

 

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Holly C. Wells, City Attorney

 

Date: _________________________                                              Date: _________________________