The California Compassionate Use Act of 1996 authorizes the use of marijuana for personal and/or medical purposes by patients pursuant to physicians' recommendations and exempts certain acts by those patients and their primary caregivers related to that personal medical use. The Medical Marijuana and Regulation and Safety Act (MMRSA later renamed MCRSA), effective January 1, 2016, established a comprehensive state licensing and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation, dispensing, and delivery of medical cannabis and recognized the authority of local jurisdictions to prohibit or impose additional restrictions on any such medical cannabis activities. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) enacted by voter approval of Proposition 64 at the November 8, 2016, statewide election, authorized persons twenty-one years of age or older to possess and use up to twenty-eight and one-half grams of marijuana and up to eight grams of concentrated cannabis, and to cultivate and possess up to six living marijuana plants and the marijuana produced by those plants for personal use and created a state licensing structure for commercial adult-use marijuana operations. On June 27, 2017, the state approved the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which aimed to reconcile the existing medical marijuana statutory framework under MCRSA and the adult-use statutory framework adopted under the AUMA and created a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis.

(Ord. No. 825, 8-20-2019)

"Commercial marijuana operation" includes, other than expressly permitted under this code or state law, any cultivation, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of marijuana.

"Consumption of marijuana" means receiving marijuana into the body by any means, including, but not limited to, smoking, eating, drinking, consuming, vaporizing, ingesting and topical application.

"Marijuana" means all parts of the plant Cannabis sativa, Cannabis indica, and Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, as defined in California Health and Safety Code Section 11018, as may be amended. Marijuana includes "marijuana products," which means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis or other ingredients, as defined in California Health and Safety Code Section 11018.1, as may be amended. "Marijuana" does not include "medical marijuana" as used for medical purposes in accordance with California Health and Safety Code Section 11362.7 et seq.

"Marijuana dispensary" means any operation, including a store-front facility or structure, mobile facility, club, or delivery service to or from any location within the city, wherein marijuana is made available, sold, offered for sale, given, distributed, traded, cultivated for, or otherwise provided to any person.

"Medical marijuana" means marijuana used for medical purposes in accordance with the Compassionate Use Act of 1996 (Proposition 215), in accordance with California Health and Safety Code Section 11362.5.

(Ord. No. 825, 8-20-2019)

Consumption of marijuana is prohibited in any public place, in conformance with state law, including, but not limited to, any city owned building, city owned or leased property, city right-of-way, city parks where smoking is prohibited, and city buses. Any consumption of marijuana shall be done in a manner so as to not cause a nuisance to nearby occupants with noxious odors or other adverse health and safety impacts.

(Ord. No. 825, 8-20-2019)

A marijuana dispensary is a prohibited use in all zone districts in the city.

(Ord. No. 825, 8-20-2019)

A.

A commercial marijuana operation is a prohibited use in all zone districts in the city.

B.

As an exception to subsection A and above, and as required by the Medicinal Cannabis Patients' Right of Access Act (Business and Professions Code Sections 26321 et seq.) a person may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

1.

Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks, houses of worship, open spaces, public buildings, and establishments serving food or beverages.

2.

A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a city business license prior to commencing any delivery service within city limits.

3.

All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to state regulations, ensuring that they are not accessible to minors during transit.

4.

Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5.

The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

(Ord. No. 825, 8-20-2019; Ord. No. 861, § 1, 9-3-2024)

A.

Cultivation of marijuana, up to the maximum amount allowed under the California Adult Use of Marijuana Act ("AUMA"), may only occur within the residence as allowed under the AUMA or in a residential accessory structure that meets all of the standards set forth below:

1.

If the building is a greenhouse then it shall additionally be surrounded by a secure solid six-foot high fence located within ten feet of the greenhouse and equipped with a lockable gate.

2.

The structure shall be located in the rear yard portion of the lot and maintain a minimum of a ten-foot setback from the side and rear property lines and from any other building on the parcel.

3.

Any accessory structure, of any size, utilized for cultivation of marijuana shall be legally constructed with a building permit. All electrical and plumbing shall be installed with a valid electrical and plumbing permit from the city. Such building permits will only be issued to the owner of the property. If the resident is proposing to convert an existing accessory structure for cultivation of marijuana, an inspection will be required to ensure compliance with this code.

4.

Accessory structures utilized for cultivation shall be ventilated with odor control filters, and shall not create an odor, humidity of mold problem on the subject property or adjacent property.

5.

Indoor grow lights shall not exceed one thousand two hundred watts and shall be installed, maintained and operated in compliance with the Anderson Municipal Code. Gas products (including, but not limited to, CO2, butane, propane and natural gas), or generators producing electric power shall not be used within any detached, fully-enclosed and secure structure or residential structure.

6.

The building shall be provided with locking doors and have a working security system. The alarm shall be a standard audible residential alarm of at least ninety dBA but not exceeding one hundred ten dBA and shall meet the requirements of Chapter 9.68.040 of this code.

7.

The person cultivating the marijuana must be lawfully residing on the same parcel of real property where the marijuana is cultivated.

8.

Cultivation of medical marijuana within the accessory structure shall not exceed the amount allowed under the AMUA.

(Ord. No. 825, 8-20-2019)

The outdoor cultivation of marijuana is not permitted in any zoning district within the City of Anderson, and is a violation of this chapter.

(Ord. No. 825, 8-20-2019)

The cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code, the establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment or provider shall be considered a prohibited use in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the cultivation of medical marijuana or the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such business or operations in any zoning district.

(Ord. No. 825, 8-20-2019)

A.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 8.29.2.

B.

Violations of this chapter are declared to be a public nuisance.

C.

Any person who violates a provision of this chapter is liable for civil penalties of not less than two hundred fifty dollars or more than twenty-five thousand dollars for each day the violation continues.

D.

Any person who violates any provision of this chapter is guilty of a misdemeanor.

E.

Administrative penalties for violations of this chapter are governed by Chapter 8.29 except for the following:

1.

Notwithstanding the provisions of Section 8.29, the amount of an administrative penalty to be imposed for a violation of Sections 17.67.050 pertaining to the number of plants permitted in a residence or in a residential accessory structure, is an aggregate amount calculated at one thousand dollars per plant that is in excess of the number of plants allowed. Outdoor cultivation of any marijuana shall result in an aggregate amount calculated at one thousand dollars per plant.

2.

The imposition of the administrative penalty pursuant to [subsection] E.1. shall be immediate under Government Code Section 53069.4, unless the circumstances in [subsection] E.3.c. are applicable.

3.

The property owner shall be given a reasonable period of time for the correction or remedy of the violation, but no more than thirty days, if all of the following are true:

a.

A tenant is in possession of the property that is the subject of the administrative action.

b.

The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

c.

The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental owner or agent to have actual notice of the illegal cannabis cultivation.

F.

All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

(Ord. No. 825, 8-20-2019)