The Humboldt County Cup community event is still planned for January 21, 2017, although discussions about last minute concerns are ongoing.
Several months after receiving approval and not changing our scope, the Ferndale Police Chief/ some Ferndale community citizens presented 3 main concerns for legalities in regards to:
1) Proximity to schools
2) Public facilities/ public use
3) Local jurisdictional control from a city in control of a public facility meant for the entire Humboldt County people.
We have been provided with only hearsay and have responded to concerns with legal code to help clarify any concerns and/ or remedy the concerns.
We have asked what exact law prohibits our previously approved event in relation to:
1) Proximity to Schools, 2) Public Facility/ Use 3) Local jurisdictional control?
Our team would like to know what section of code the Ferndale Chief is referring to?
Humboldt NORML and affiliate’s have provided the legal code to justify our planned operations.
1) Proximity to schools is in compliance with distance and not detectable according to
-SECTION 2. FINDINGS AND DECLARATIONS. 11362.3.
(3)Smoke marijuana or marijuana products within 1,000 feet of a school, day care center, or youth center while children are present at such a school, day care center, or youth center, except in or upon the grounds of a private residence and only if such smoking is not detectable by others on the grounds of such a school, day care center, or youth center while children are present
2) Public facilities and consumption are in compliance according to
-SECTION 3. PURPOSE AND INTENT
r) Allow public and private employers to enact and enforce workplace policies pertaining to marijuana.
-SECTION 118885 of the California Health and Safety Code prohibit smoking of tobacco in designated areas of publicly owned places while a meeting is in process. According to section 118885, in indoor rooms, indoor chambers, or indoor places of public assembly in publicly owned buildings conducting public business and where public participation is required, there should be a contiguous area of not less than 50 percent of the total area of the room declared as a non-smoking area. Such area should have sufficient number of signs posted which can readily be seen by everybody stating that smoking of tobacco is prohibited while a public meeting is in progress.[vi]
This requirement can be waived by a public body, commission, agency, or other entity conducting the public meeting provided that the rights of non-smoking members are not adversely affected.[vii]
3) Local jurisdiction banning use/ consumption
-SECTION 3. PURPOSE AND INTENT.
(d) Allow local governments to ban nonmedical marijuana businesses as set forth in this Act
(l) Permit adults 21 years and older to use, possess, purchase and grow nonmedical marijuana within defined limits for use by adults 21 years and older as set forth in this Act.
(m) Allow local governments to reasonably regulate the cultivation of nonmedical marijuana for personal use by adults 21 years and older through zoning and other local laws, and only to ban outdoor cultivation as set forth in this Act.
-Sections 11362.1 through 11362.45 are added to the Health and Safety Code, to read:
(a) Subject to Sections 11362.2, 11362.3, 11362.4, and 11362.45, but notwithstanding any other provision of law, it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons 21 years of age or older to:
(1) Possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis;
In summary, we would like to know what what exact laws prohibit our previously approved event in relation to 1) Proximity to Schools, 2) Public Facility/ Use 3) Local jurisdictional control?
We can move the designated smoking area over 100-200 feet if law enforcement thinks someone will be playing outside at the school on a Saturday in winter or accommodate what legal code is cited from Prop. 64 and tobacco smoking laws.