For purposes of this code, the following definitions shall apply.

A.

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also includes marijuana as defined by Section 11018 of the Health and Safety Code. Cannabis also includes "cannabis" as defined in Business and Professions Code, Section 26001, as may be amended from time to time.

B.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

C.

"Cannabis delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

D.

"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the state distributor license(s), including, but not limited to, cannabis storage, quality control and collection of state cannabis taxes.

E.

"Cannabis manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. "Cannabis manufacture" includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

F.

"Cannabis products" means cannabis 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 cannabis or concentrated cannabis and other ingredients. Cannabis products include "cannabis products" as defined in Business and Professions Code, Section 26001, as may be amended from time to time.

G.

"Cannabis retailer" means a facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. For purposes of this Code, the term "cannabis retailer" includes microbusinesses as well as nonprofits licensed under Business and Professions Code, Section 26070.5. For purposes of this Code, "cannabis retailer" also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to Health and Safety Code Sections 11362.5 and/or 11362.775, as may be amended.

H.

"Cannabis testing laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

1.

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and

2.

Licensed by the Bureau of Cannabis Control.

I.

"Commercial cannabis uses" includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes "commercial cannabis activity" as defined in Business and Professions Code, Section 26001, as may be amended from time to time, and include any activity that requires a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as may be amended from time to time. Commercial cannabis activity does not include possession or cultivation for personal use in strict accordance with Health and Safety Code, Section 113625.1 et seq.

J.

"Indoor" means any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

K.

"Outdoor" means any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

L.

"Personal cannabis cultivation or cultivation for personal use" means cannabis cultivation for personal, noncommerical purposes, that is not sold, and in strict accordance with Health and Safety Code, Section 11362.1 et. seq. Personal cultivation by qualified patients and primary caregivers is further subject to the restrictions set forth in Business and Professions Code Section 26033.

M.

"Private residence" means a house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

(Ord. No. 492B, § 3, 12-7-2021)

Personal cannabis cultivation is permitted subject to the following restrictions:

A.

No more than six (6) cannabis plants may be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, at a private residence at one time regardless of the number of individuals residing at the residence.

B.

The cannabis plants shall not be visible from a public right-of-way or other public place.

C.

Structures and equipment used for cultivation, such as indoor grow lights, shall comply with all applicable building, plumbing, electrical and fire code regulations as adopted by the city.

D.

For outdoor cultivation: All cannabis plants cultivated outdoors must be enclosed by fencing, and all gates and other points of entry to the outdoor growing area must be locked at all times.

E.

Nothing in this section shall authorize commercial cultivation of cannabis.

(Ord. No. 492B, § 3, 12-7-2021)

A.

All commercial cannabis uses, as defined in Section 17.95.010, are prohibited from establishing or operating within the City of Clayton.

1.

Exception for deliveries from licensed cannabis retailers. Cannabis retailers, whether medical or adult-use, are prohibited in the City; however, delivery of cannabis and cannabis products from cannabis retailers located outside of the City of Clayton is allowed, subject to the following restrictions:

a.

Only cannabis retailers that are licensed under the applicable laws of the state of California to provide cannabis deliveries, including but not limited to, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Section 26000 et seq.), and operating in compliance with the applicable laws and regulations of the local jurisdiction in which the cannabis retailer is physically located may provide or provide for delivery of cannabis or cannabis products to customers in the City of Clayton.

b.

All employees of a cannabis retailer delivering cannabis or cannabis products shall carry a copy of the licensee's current state license, a government-issued driver's license, an employee identification card containing a name and picture, and City of Clayton business license issued pursuant to Chapter 5.04 of this Code. Delivery drivers shall also carry a copy of the delivery request and the delivery request shall comply with state and federal law regarding the protection of confidential medical information.

c.

No cannabis or cannabis products may be stored in the City.

d.

All cannabis or cannabis products' deliveries require signature and proof of identification for the individual signing for it. Porch drop offs are not allowed.

e.

Residential deliveries to a physical address only.

(Ord. 479, § 6(Exh. A), 2017)