(a) Alcoholic beverages. (1) The use and possession of alcoholic beverages within park areas is allowed in accordance with the provisions of this section.
(2) The following are prohibited:
(i) The sale or gift of an alcoholic beverage to a person under 21 years of age, except where allowed by State law. In a State where a lower minimum age is established, that age limit will apply for purposes of this subparagraph.
(ii) The possession of an alcoholic beverage by a person under 21 years of age, except where allowed by State law. In a State where a lower minimum age is established, that age will apply for purposes of this subparagraph.
(3)(i) The superintendent may close all or a portion of a public use area or public facility within a park area to the consumption of alcoholic beverages and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed. Provided however, that such a closure may only be implemented following a determination made by the superintendent that:
(A) The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage would be inappropriate considering other uses of the location and the purpose for which it is maintained or established; or
(B) Incidents of aberrant behavior related to the consumption of alcoholic beverages are of such magnitude that the diligent application of the authorities in this section and §§ 1.5 and 2.34 of this chapter, over a reasonable time period, does not alleviate the problem.
(ii) A closure imposed by the superintendent does not apply to an open container of an alcoholic beverage that is stored in compliance with the provisions of § 4.14 of this chapter.
(iii) Violating a closure imposed pursuant to this section is prohibited.
(b) Controlled substances. The following are prohibited:
(1) The delivery of a controlled substance, except when distribution is made by a practitioner in accordance with applicable law. For the purposes of this paragraph, delivery means the actual, attempted or constructive transfer of a controlled substance whether or not there exists an agency relationship.
(2) The possession of a controlled substance, unless such substance was obtained by the possessor directly, or pursuant to a valid prescription or order, from a practitioner acting in the course of professional practice or otherwise allowed by Federal or State law.
(c) Presence in a park area when under the influence of alcohol or a controlled substance to a degree that may endanger oneself or another person, or damage property or park resources, is prohibited.
[48 FR 30282, June 30, 1983, as amended at 52 FR 10683, Apr. 2, 1987]
Notes of Decisions
United States v. Dominic Barial, 31 F.3d 216 (4th Cir. 1994).
· cites it 4× “Barial was charged with one count of marijuana possession and one count of cocaine possession in violation of 36 C.F.R. § 2.35 (b)(2), which prohibits the possession of controlled substances within the Park Service’s jurisdiction.”
United States v. Lloyd L. Baxter, 19 F.3d 155 (4th Cir. 1994).
· cites it 3× “On October 26, 1992, the government filed a nine-count criminal information charging Baxter with various violations of 36 C.F.R. § 2.35 (b)(2), which prohibits possession of a controlled substance on federal park lands.”
United States v. Adrian Nature, 898 F.3d 1022 (9th Cir. 2018).
· cites it 3× “The panel held that whether or not the Administrative Site is a “park area” within the meaning of the dangerous- drinking-prohibition contained in 36 C.F.R. § 2.35 , section 34.5 incorporates the dangerous-drinking-prohibition with the necessary changes to make the prohibition…”
United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013).
“5 (providing a “public drunkenness” statute that proscribes being intoxicated in a public place “to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity”); see also 36 C.F.R. § 2.35 (c) (providing that “[presence in a park area…”
United States v. McFarland, 445 F.3d 29 (1st Cir. 2006).
“McFarland was also convicted of possessing marijuana in a national park, see 36 C.F.R. § 2.35 (b)(2), but he has not appealed that conviction.”
United States v. Layne, 847 F. Supp. 888 (D. Utah 1994).
· cites it 11× “3 provides a penalty of six month imprisonment and a $500 fine 1 for a violation of 36 CFR § 2.35 (b). In Part 2 of Title 36 CFR the Secretary of the Interior cites 16 U.”
United States v. Janet Hogue, 752 F.2d 1503 (9th Cir. 1985).
“(The successor provision of this regulation is codified at 36 C.F.R. § 2.35 (c) (1984)). Hogue contends the regulation is vague.”
United States v. Barial, 841 F. Supp. 171 (E.D. Va. 1993).
· cites it 4× “§ 3607 (a) is available to persons convicted of violating 36 C.F.R. § 2.35 (b)(2), as well as to persons convicted of violating 21 U.”
Nature v. United States, 250 F. Supp. 3d 634 (E.D. Cal. 2017).
· cites it 3× “1 On November 13, 2015, the government filed a complaint against Nature, alleging therein that he violated 36 C.F.R. § 2.35 (c) by being present in a park area when under the influence of alcohol to a degree sufficient to endanger himself or another person or damage property or…”
United States v. McFarland, 369 F. Supp. 2d 54 (D. Me. 2005).
“McFarland “knowingly and willfully possessed a controlled substance, approximately ten (10) grams of marijuana, within a park area at Acadia National Park” in violation of 36 C.F.R. § 2.35 (b)(2). C. The Verdict Pursuant to 18 U.”
United States v. Regan, 93 F. Supp. 2d 82 (D. Mass. 2000).
· cites it 4× “See 36 C.F.R. § 2.35 (c) (1999) (the “Regulation”).”
— 36 C.F.R. § 2.35(b) — 1 case
United States v. Layne, 847 F. Supp. 888 (D. Utah 1994).
“3 provides a penalty of six month imprisonment and a $500 fine 1 for a violation of 36 CFR § 2.35 (b). In Part 2 of Title 36 CFR the Secretary of the Interior cites 16 U.”
— 36 C.F.R. § 2.35(b)(2) — 2 cases
— 36 C.F.R. § 2.35(c) — 1 case
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