El Cajon City Zoning Code
CHAPTER 17
243 PERSONAL CULTIVATION OF MARIJUANA
§ 17.243.010 Definitions.
For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this section, the common and ordinary meaning of the word shall apply. All references to state law shall refer to the act, statute, or regulation as may be amended from time to time:
refers to the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016.
means the cultivation, possession, manufacture, distribution, processing, storing, testing, packaging, labeling, transporting, delivering, or sale of intoxicating hemp or intoxicating hemp products.
includes both "commercial cannabis activity" and "commercial marijuana activity" as those terms are defined/set forth in Business and Professions Code sections 19300.5 and 26001, and means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana or marijuana products. "Commercial marijuana activity" also includes the activities of any business or nonprofit licensed by the state or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code.
shall have the same meaning "cannabis concentrate" as defined in Business and Professions Code section 19300.5, and includes manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency.
shall have the same meaning as that set forth in Business and Professions Code section 26001, and shall include any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
shall have the same meaning as set forth in Business and Professions Code section 26001 and shall include the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform, whether owned and controlled by the retailer or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a retailer of marijuana or marijuana products.
means any facility or location, whether fixed or mobile, where marijuana, whether medical or otherwise, is made available to or distributed by or distributed to one or more of the following: a primary caregiver; a qualified patient; or a patient with an identification card; or any other individual regardless of status defined or not defined. A marijuana dispensary, medical or otherwise, is prohibited in all zones within the city's jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such use.
means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is at all times secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors.
has the same meaning as defined in Health and Safety Code section 11362.7(g).
means within a fully enclosed and secure structure.
means, for purposes of this chapter, any person who may reasonably be expected to be affected by any unlicensed commercial intoxicating hemp activity occurring within the City.
means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, with a total tetrahydrocannabinol concentration of not more than .3 percent on a dry weight basis, where total tetrahydrocannabinol concentration includes any of the following:
Tetrahydrocannabinolic acid.
Any tetrahydrocannabinol, including, but not limited to, Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, however derived.
Any other cannabinoid determined by a state to cause intoxication.
For purposes of nonfood applications, industrial hemp does not include a hemp product that contains derivatives, substances, or compounds derived from the seed of industrial hemp.
A synthetic cannabinoid.
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 ingestible, topical, inhalable, or otherwise consumable product containing marijuana or concentrated cannabis, and other ingredients.
shall have the same meaning as set forth in Health and Safety Code section 11018 and shall include all parts of the plant Cannabis sativa L., 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. "Marijuana" shall also be construed to include, but not be limited to, "cannabis" as defined in Business and Professions Code section 19300.5. "Marijuana" does not include:
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, codified as Business and Professions Code section 26000 et seq., as may be amended from time to time.
means any location that is not within a fully enclosed and secure structure.
includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
means cultivation of marijuana conducted by an individual strictly for that individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with this code and state law, including, but not limited to, Health and Safety Code sections 11362.1 and 11362.2, and in accordance with Health and Safety Code sections 11362.7 and 11362.765. Except as herein defined, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of marijuana.
means a house, an apartment unit, a mobile home, or other similar dwelling.
means any facility or location, whether fixed or mobile, where marijuana, whether medical or otherwise, is stored either temporarily or permanently. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. Marijuana storage shall not include the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof by any "qualified patient," or "person with an identification card," as those terms are defined in California Health and Safety Code section 11362.7 so long as it is located at the residence of the qualified patient or person with an identification card.
means a substance that is derived from a chemical reaction that changes the molecular structure of any substance separated or extracted from the plant Cannabis sativa L.
(Ord. 5142, 5/28/2024)
§ 17.243.020 Prohibitions.
A.
Commercial Marijuana Activity and Commercial Intoxicating Hemp Activity. Commercial marijuana activity and commercial intoxicating hemp activity are expressly prohibited in all zones in the City of EI Cajon. No person shall establish, operate, maintain, conduct, or allow commercial marijuana activity or commercial intoxicating hemp activity anywhere within the City. In addition, this subsection is meant to prohibit all activities for which a state license may be required pursuant to the AUMA or the MAUCRSA. Accordingly, the City shall not issue any permit, license, or other entitlement for any activity for which a state license is required under the AUMA or the MAUCRSA.
B.
Property Owners. A property owner shall not rent, lease, or otherwise permit any business that engages in commercial marijuana activity or commercial intoxicating hemp activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity or commercial intoxicating hemp activity on any real property owned or controlled by that property owner that is located in the City.
C.
Deliveries. To the extent not already prohibited by subsection A of this section and Chapter 9.47 of this Municipal Code, delivery of marijuana, marijuana products, intoxicating hemp, or intoxicating hemp products to or from the City of EI Cajon is expressly prohibited. No person shall conduct or perform any delivery of marijuana, marijuana products, intoxicating hemp, or intoxicating hemp products where the delivery either originates or terminates within the City.
(Ord. 5142, 5/28/2024)
§ 17.243.030 Indoor Cultivation.
The prohibition in subsection 17.243.020(A) shall not prohibit the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence, to the extent such cultivation is authorized by State law and is in strict compliance with the requirements set forth below:
A.
Private marijuana cultivation is permitted only within fully enclosed and secure structures, or areas or rooms within a private residence, inaccessible to minors. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry and shall not be visible from a public right-of-way.
B.
Private marijuana cultivation shall be limited to six plants total, regardless of stage of gestation, whether immature or mature, regardless of how may qualified residents reside at the private residence.
C.
Private marijuana cultivation, including any lighting, plumbing, or electrical components used for cultivation, shall comply with Title 15 of the El Cajon Municipal Code. The use of gas products (CO2, butane, propane, etc.) or CO2 and Ozone generators for marijuana cultivation is prohibited. Any fully enclosed and secure structure, or area or room within a residence used for the cultivation of marijuana must have proper ventilation and shall not create a humidity or mold problem in violation of the Municipal Code or applicable state health and safety codes.
D.
Cultivation shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or it's effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property by other persons.
E.
The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
F.
Cultivation of marijuana shall not displace required off street parking, or violate any other provisions of the El Cajon Municipal Code.
G.
Written consent of the property owner must be obtained prior to the commencement of cultivation.
§ 17.243.040 Permissive Zoning.
Nothing in this section shall be interpreted to the effect that the City's permissive zoning scheme allows any other use not specifically listed therein.
(Ord. 5065 § 14, 2017)
§ 17.243.050 Enforcement.
The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity provided, however, persons violating this section shall not be subject to criminal liability under this section solely to the extent such conduct or condition is immune from criminal liability pursuant to State law, including the Compassionate Use Act of 1996 (Health and Safety Code section 11362.5), the Medical Marijuana Program (Health and Safety Code section 11362.7 et seq.), or the Adult Use of Marijuana Act, as they may be amended.
A.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this section shall constitute a violation.
B.
Violations of this section shall constitute a misdemeanor except that notwithstanding any provision of this subdivision any violation may, in the discretion of the city attorney, be charged and prosecuted as an infraction in accordance with Section 1.24.010 of this code.
C.
Any person violating this section is subject to a civil action brought by the city attorney, punishable by a fine of $2,500 per day for each violation. Any continuing violation shall constitute a separate offense for each day of the violation.
D.
Violations of this section are hereby declared to be public nuisances.
E.
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and suits for injunctive relief.
(Ord. 5065 § 14, 2017)
§ 17.243.060 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared invalid.
(Ord. 5065 § 14, 2017)