The following ordinance was adopted by the Board of Selectmen on August 17, 2023 and becomes effective 15 days after publication.
TOWN OF SOUTHBURY
ORDINANCE BANNING CANNABIS ESTABLISHMENTS
Prohibition on Cannabis [Marijuana] Establishments pursuant to Connecticut Public Act 21-1, S.B. Bill No. 1201, Responsible and Equitable Regulation of Adult-Use Act (RERACA), Section 148(b) now Conn.Gen.Stat. §21a-422f.
All types of cannabis establishments, as defined in said Public Act and Bill, Section 1(4), now Conn.Gen.Stat. §21a-420 and as may otherwise be defined by Connecticut law or regulation, to include, without limitation, all cannabis establishments, producers, dispensary facilities, cultivators, micro-cultivators, retailers, hybrid retailers, food and beverage manufacturers, product manufacturers, product packagers, delivery services or transporters, any other types of licensed cannabis-related businesses, or the conducting of any such activity for commercial purposes by whichever name used, are and shall be prohibited within the Town of Southbury.
CHAPTER: CANNABIS USE
ARTICLE I: ORDINANCE PROHIBITING USE OF CANNABIS ON TOWN PROPERTY
________ - Section 1. Authority
This ordinance is adopted pursuant to General Statutes Sections 7-148(c)(7)(H), as amended by Public Act 21-1 (June 2021 Special Session), Section 84, which allows municipalities to regulate activities deemed harmful to public health, including smoking, on municipally-owned or controlled property. Said law further allows a municipality to control smoking of tobacco or cannabis, including cannabis e-cigarette use (i.e., electronic delivery systems and vapor products), as well as and other types of cannabis use or consumption.
________ - Section 2. Definitions
For purposes of this Chapter, the Town of Southbury adopts the definitions used in Public Act 21-1 (June 2021 Special Session), as the same may be amended from time to time.
________ - Section 3. Cannabis Product Use Prohibited on Town Property
It shall be unlawful for any person to use cannabis or cannabis-derived products, regardless of form or manner of ingestion, on any property owned or controlled by the Town of Southbury. This prohibition includes but is not limited to: the lighting or carrying of a lighted cannabis or marijuana cigarette or cigar or pipe, use of a vaping device producing vapor of any cannabis product, or carrying or ingestion of a cannabis edible substance. Violation of this section shall be punishable by a fine of $50.00 per offense.
________ - Section 4. Sale, Gift, or Transfer of Cannabis Products on Town Property Prohibited
It shall be unlawful for any person, organization, entity, or any other party to sell, give, trade, or in any other way transfer cannabis products of any sort to another person, organization, entity, or other party on property owned or controlled by the Town of Southbury. Such products include but are not limited to: cannabis or marijuana cigarettes or cigars or pipes, vaping devices and vaping substances, and edible substances. Violation of this section shall be punishable by a fine of $50.00 per offense.
________ - Section 5. Effective Date
This ordinance shall take effect fifteen (15) days after publication of a summary of its provisions pursuant to Connecticut General Statutes, §7-157(b).
Effective date: September 12, 2023.