Artesia City Zoning Code
ARTICLE 44
Commercial Cannabis Use and Cultivation
§ 9-2.4401 Definitions.
The definitions for cannabis uses in this article shall be as defined in Sections 3-5.504 and 3-2.801 of the Municipal Code.
(Ord. 22-929, § 4; Ord. 23-943, § 5)
§ 9-2.4402 Allowable Zones for Commercial Cannabis.
(a)
Subject to Chapters 2 and 5 of Title 3, commercial cannabis uses with a valid commercial cannabis permit shall be allowed to locate and operate south of California State Route 91 (Artesia Freeway) in the Commercial General, Commercial Planned Development, Artesia Boulevard Specific Plan, Artesia Boulevard Corridor Specific Plan, and Downtown South, Downtown North, and Pioneer Boulevard subareas of the ADSP zones. All commercial cannabis uses are expressly prohibited in all other zones, including north of California State Route 91 (Artesia Freeway), overlay zones, and all other existing or future specific plan areas in the City. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the City except as provided herein. The City shall not approve any application for a building permit, conditional use permit, variance or any other entitlement authorizing the establishment, operation, maintenance, development or construction of any commercial cannabis use except as provided herein or as provided in Chapter 2 of Title 3.
(b)
Cannabis cultivation outdoors is expressly prohibited in all zones, including overlay zones, and all specific plan areas in the City. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel, or any portion of such parcel, to be used for cultivating cannabis outdoors.
(c)
Cannabis cultivation indoors is expressly prohibited all zones, including overlay zones, and all specific plan areas in the City, except as set forth in Section 5-21.04.
(d)
Nothing herein is intended to cover any cultivation that is permitted for personal use at a private residence under State law (Health and Safety Code, Section 11362.2, subdivision (b)(2), as may be amended).
(Ord. 22-929, § 4; Ord. 23-943, § 5; Ord. 25-976, 1/12/2026)
§ 9-2.4403 Enforcement; Penalties.
In addition to any other enforcement permitted by Chapter 2 of Title 1 of this Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person that violates this article. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 2 of Title 1 of this Code, this article does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 2 of Title 1 of this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(Ord. 22-929, § 4; Ord. 23-943, § 5)
