For purposes of this Chapter, the following definitions shall apply:

A.

Marijuana means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act).

B.

Marijuana Cultivation means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

C.

Marijuana Delivery/Distribution means the commercial transfer of medical cannabis or cannabis products, which includes all forms of marijuana dispensary.

D.

Marijuana Dispensary or Marijuana Dispensaries means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code § 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.

E.

Marijuana Processing means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates, production of foodstuffs containing marijuana and production of any pill, tablet, liquid, lozenge or other delivery system containing marijuana or any derivative thereof.

(Ord. No. 912)

Commercial marijuana cultivation, marijuana delivery/distribution, and marijuana processing shall be prohibited activities within the City of Del Mar, except where the City is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of marijuana cultivation, marijuana delivery/distribution, or marijuana processing establishments in the City, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

(Ord. No. 912)

This Chapter shall not apply to the cultivation or processing of medical marijuana by patients and primary caregivers for personal medical use (with a doctor's approval) which meet all of the following criteria:

A.

The marijuana is cultivated/processed in a fully-enclosed and secured structure by a qualified patient or primary caregiver, as defined in the CUA, within only residential zoning districts.

B.

Cultivation/processing of marijuana is prohibited within all other zoning districts.

C.

All marijuana cultivated/processed on-site shall be for the personal use of either a qualified patient or primary caregiver residing on the property and not be distributed to any other person, collective, cooperative, or dispensary.

D.

The cultivation/processing of marijuana shall not be a commercial enterprise.

E.

The owner of the property, if other than the qualified patient or primary caregiver, has consented in writing to the cultivation/processing of marijuana.

F.

The area where marijuana is grown shall not exceed 50 square feet of floor area.

G.

The marijuana cultivation/processing is not visible from any public or private property.

H.

The fully-enclosed and secured space used for the cultivation/processing of marijuana shall be located at least 30 feet away from any habitable structure located on an adjacent property.

I.

The cultivation/processing of marijuana does not occur within a garage, or any portion thereof.

J.

The lighting for cultivation/processing does not exceed 1200 Watts.

K.

The use of flammable or combustible products for the cultivation/processing of marijuana is prohibited.

L.

The cultivation/processing of medical marijuana is not permitted if the cultivation activity adversely affects the health or safety of the residents or nearby properties through the creation of mold, mildew, dust, glare, heat, noise, odor, or other impacts.

(Ord. No. 912)

Any violation of this Chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this Municipal Code and the State of California.

(Ord. No. 912)

Any violation of this Chapter shall be punishable as provided in Section 1.32.010 of this Municipal Code or any successor section thereto.

(Ord. No. 912)

If any other provisions of the Municipal Code conflict with the provisions of this Chapter as it relates to the regulation of land use related to Marijuana, this Chapter shall be controlling.

(Ord. No. 912)

If any section, subsection, sentence or clause of this Chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.

(Ord. No. 912)