§ 18-7. Marijuana prohibited.

(a)

The terms "marijuana," "paraphernalia" and "qualifying patient" have the meaning attributed to those terms by the Medical Marijuana Act.

(b)

In light of the fact that federal law prohibits possession of marijuana, any establishment, business entity, individual, person or persons attempting to grow, sell, possess or distribute marijuana or paraphernalia are hereby prohibited from being opened, owned, operated, located or licensed within the City of Roundup.

(c)

The prohibition in the preceding paragraph shall not apply to a qualifying patient who possesses marijuana for their own use in compliance and as allowed by the Medical Marijuana Act.

(d)

Any establishment, business entity, individual, person or persons that violate this section shall be deemed to have committed a misdemeanor and subject to punishment of a maximum of six months in jail and/or a fine not to exceed $500.00. Any establishment, business entity, individual, person or persons shall also be deemed to be creating a public nuisance, and shall be subject to a civil action to enjoin or abate the public nuisance, as the city deems appropriate.

(e)

This section is made expressly retroactive and shall apply to all applications for building permits, zoning variances, conditional use permits, zoning changes, and all other applications for building and land use permits, development activity, land use activity, land use changes, business licensing, and any other applications for approval of any type or nature, which had been received by the city and not granted as of the effective date of this section.

(Ord. No. 465, §§ 2—6, 10-4-2011)