CITY OF LOYAL - ORDINANCE
CITY OF LOYAL
NO.
AN ORDINANCE CREATING HEMP-DERIVED CANNABINOID AND SYNTHETIC CANNABINOID PRODUCTS REGULATIONS WHEREAS, the City of Loyal desires to restrict the sale of hemp-derived cannabinoid vaping inhalants and associated products.
NOW THEREFORE, the City Council of the City of Loyal does hereby ordain as follows:
Section 1: Ordinance Section 9-2-18 of the City of Loyal Municipal Code is hereby created as fully set forth in Section Two (2) of this Ordinance. Section 2: Hemp-Derived Cannabinoid and Synthetic Cannabinoid Products (1) In this subsection, hemp-derived cannabinoid products are defined as one of the many intoxicating cannabinoids found in the cannabis sativa L. plant or a synthetic version thereof. a. Hemp-derived cannabinoid products include, but are not limited to: i. any hemp-derived product containing delta-9 tetrahydrocannabinol (THC) in a concentration of 0.3 percent or less; or ii. any cannabinoid other than delta-9 tetrahydrocannabinol (THC), synthetic cannabinoids or an isomer derived from such cannabinoid (including but not limited to: delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC), HHC-O, THCA, THC-O, THCP, THCV) b. Hemp-derived cannabinoids does not include non-intoxicating cannabinoids, including cannabidiol (CBD), which is an active ingredient in cannabis, but does not possess psychoactive properties that produce an intoxicating effect as defined in Wis. Stat. 961.01(3r), and does not contain other isomers as listed above.
(2) No person under the age of twenty-one (21) shall use or possess any amount of any hemp-derived cannabinoid, including delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV, except as specifically allowed by Wisconsin law.
(3) No person shall sell, distribute, deliver, or provide any hemp-derived cannabinoid product containing delta-8 THC, delta-IO THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person under the age of twenty-one (21) years, except as specifically allowed by Wisconsin law.
(4) No person shall sell, distribute, deliver, or provide any hemp-derived cannabinoid product containing delta-8 THC, delta-IO THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person without having first verified their age by having the person present a valid photo identification.
(5) Hemp-derived cannabinoids shall not be sold within two thousand (2,000) feet of a hospital, church, or youth-serving organization such as, but not limited to: childcare centers, pre-schools, public or parochial schools, tribal schools, playgrounds, city or county parks, sporting arenas, or any organization primarily intended to serve children. The distance shall be measured by the shortest route along a designated roadway or walking path from the main entrance of the youth-serving organization to the premises selling hemp-derived cannabinoid products.
(6) The penalty for violation of this sub-section shall be as set forth in Section 1-1-7 of the Municipal Code of Ordinances Section 3: All Ordinances or part of Ordinances in conflict herewith are hereby repealed.
Section 4: SEVERABILITY AND CONFLICTS OF LAW. If any provision of this Ordinance is found to be unconstitutional or otherwise, contrary to law, then such provision shall be deemed void and severed from the Ordinance and the remainder of this Ordinance shall continue in full force and effect. Section 5: EFFECTIVE DATE. This Ordinance shall take effect and be enforced from and after the date of its passage and publication, as provided by law. ADOPTED: Jan. 21, 2025 Carmen Englebretson, mayor APPROVED: Jan. 21, 2025 ATTEST: Shannon Toufar, city clerk PUBLISHED: Jan. 29, 2025 WNAXLP 163886
