Garden Grove City Zoning Code
CHAPTER 9
52 CANNABIS ACTIVITIES
§ 9.52.010 Purpose, Findings and Definitions.
A.
Purpose and Findings. The City Council finds that in order to serve the public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this chapter is to prohibit marijuana dispensaries and delivery services from locating and operating in the City as stated in this section.
B. "Cannabis" or "marijuana" "Cannabis cultivation" or "cultivation of cannabis" "Cannabis cultivation site" "Cannabis delivery" or "delivery of cannabis" "Cannabis dispensary," "marijuana dispensary" or "dispensary" "Cannabis product" "Identification card" "Primary caregiver" "Qualified patient"
Definitions. As used in this chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context:
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 means marijuana as defined by Section 11018 of the California Health and Safety Code. "Cannabis" includes, but is not limited to, "medical cannabis" as defined in California Business and Professions Code Section 19300.5(ag). "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
means any indoor or outdoor facility or location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities.
means the transfer of cannabis or cannabis products from a dispensary to any person or entity at a location in the City. "Cannabis delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed, that enables individuals to arrange for or facilitate the transfer by a dispensary of cannabis or cannabis products. "Cannabis delivery" includes, but is not limited to, "delivery" as defined in California Business and Professions Code Section 19300.5(m).
means any association, business, facility, use, establishment, location, cannabis delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, processes, manufactures, distributes, makes available, or otherwise facilitates the distribution of cannabis or cannabis products to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver. The term "cannabis dispensary" includes, but is not limited to, a business, facility, use or location that engages in "commercial cannabis activity" as defined in California Business and Professions Code Section 19300.5(k). The term "cannabis dispensary" shall not include the following facilities, locations or uses to the extent cannabis is dispensed by primary caregivers to qualified patients for medicinal use, as long as such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Sections 11362.5 and 11362.7: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; or a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
means a product containing cannabis, including, but not limited to, concentrates and extractions and includes, but is not limited to, any "medical cannabis product" or "cannabis product," as defined in California Business and Professions Code Section 19300.5(ag), and/or any "edible cannabis product" as defined in California Business and Professions Code Section 19300.5(s).
is a document issued by the State Department of Health Services and/or the County of Orange Health Care Agency which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.
is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
is a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Health Services.
C.
Use or Activity Prohibited by State Law or Federal Law. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.
(2863 § 5, 2016)
§ 9.52.020 Cannabis Dispensaries and Delivery Prohibited.
A.
Cannabis Dispensaries and Delivery Prohibited. Except as exempted in subsection C below, cannabis dispensaries and cannabis delivery are prohibited in all zoning districts, planned unit development districts, and specific plan areas in the City. It shall be unlawful for any person or entity to own, manage, conduct, or operate any cannabis dispensary or cannabis delivery service or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any cannabis dispensary or cannabis delivery service in the City of Garden Grove.
B.
Establishment or Maintenance of Cannabis Dispensaries Declared a Public Nuisance. Except as exempted in subsection C below, the establishment, maintenance, or operation of a cannabis dispensary or cannabis delivery service as defined in this chapter within the City limits of the City of Garden Grove is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Garden Grove Municipal Code, and/or any other law or ordinance that allows for the abatement of public nuisances.
C.
Exemptions.
1.
Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit: (1) the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure; or (2) the possession of, or giving away of, the marijuana produced by such plants to persons 21 years of age or older.
2.
a.
Pursuant and subject to SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients' Right of Access Act, subject to the provisions of this subsection (C)(2), this section shall not prohibit the retail sale by delivery within the City of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a medicinal cannabis business from a fixed location outside of the City. For purposes of this subsection (C)(2), the terms "medicinal cannabis," "medicinal cannabis business," and "medicinal cannabis patient" shall have the same meaning as defined in Section 26321 of the California Business and Professions Code.
b.
Medicinal cannabis businesses engaging in the retail sale by delivery of medicinal cannabis within the City shall be subject to the following requirements:
i.
Each medicinal cannabis business engaging in the retail sale by delivery of medicinal cannabis in the City shall obtain and maintain a City of Garden Grove business tax certificate pursuant to Title 5 (Business Operation Taxes, Permits and Regulations) of the Garden Grove Municipal Code.
ii.
Each medicinal cannabis business shall maintain an active M-license issued by the State of California and all applicable permits and/or licenses required by the local jurisdiction in which the business is located. The business shall submit a copy of any and all of its State and local licenses and permits required for its operation to the City's Tax Administrator prior to issuance or renewal of a business tax certificate. The business shall notify the City's Tax Administrator if any applicable State or local license or permit required for its operation expires or is denied, suspended, modified, revoked.
iii.
Each medicinal cannabis business and employee of a medicinal cannabis business engaged in the retail sale by delivery of medicinal cannabis in the City shall at all times comply with all applicable regulations promulgated by the California Department of Cannabis Control, including, but not limited to, the regulations pertaining to the delivery of cannabis set forth in California Code of Regulations, Title 4, Sections 15415 through 15421.
iv.
In accordance with subsection A above, the retail sale by delivery of adult-use cannabis is prohibited throughout the City. Only the retail sale by delivery of medicinal cannabis or medicinal cannabis products in the City as required by State law is permitted. A medicinal cannabis business or employee of a medicinal cannabis business shall not sell or offer for sale any cannabis accessories or branded merchandise of any kind concurrently or in conjunction with the retail sale of medicinal cannabis or medicinal cannabis products in the City.
v.
All deliveries of medicinal cannabis shall be performed by a delivery employee who is directly employed by the medicinal cannabis business. Each medicinal cannabis business shall maintain an accurate list of its delivery employees and shall provide the list to the City upon request. Each delivery employee engaging in the retail sale by delivery of medicinal cannabis in the City shall carry during deliveries and immediately provide upon request by the City or any law enforcement officer the following: a copy of the current business tax certificate issued to the medicinal cannabis business; a copy of the current license or licenses issued to the medical cannabis business by the State Department of Cannabis Control which authorize it to engage in the retail sale of medicinal cannabis; a copy of the QR Code certificate issued by the State Department of Cannabis Control; the employee's government-issued identification; an identification badge provided by the employer; delivery inventory ledgers from the time the employee left the employer's premises; all delivery receipts for cannabis goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and a log of all stops from the time the employee left the employer's premises. A delivery employee shall not carry Cannabis goods valued in excess of $5,000 at any time while engaged in the retail sale by delivery of medicinal cannabis in the City.
vi.
All deliveries of medicinal cannabis must be made to a physical address that is not located on publicly owned land, on land or in a building leased by a public agency, a school providing instruction in kindergarten or any grades one through twelve, a day care center, or a youth center. A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation after confirming the customer's age, identity, and physician's recommendation.
vii.
Each medicinal cannabis business shall maintain an accurate list of all vehicles used by its employees to deliver medicinal cannabis in the City, including each vehicles' make, model, year, color, license plate number, vehicle identification number (VIN), and Department of Motor Vehicles registration information, along with proof of current automobile liability insurance for each such vehicle as required by State law, and shall provide such list and proof of automobile insurance to the City upon request, in the event of any changes, and prior to issuance or renewal of a business tax certificate. Retail sale by delivery of medicinal cannabis in the City may only be conducted using a properly insured vehicle that is identified on the most current list provided to the City and that is outfitted with a dedicated global positioning system (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in delivery, as provided by State law. In accordance with State law, a delivery vehicle shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery.
c.
This subsection (C)(2) only authorizes the retail sale by delivery of medicinal cannabis by a licensed medical cannabis business from a fixed premises located outside of the City. Nothing in this section shall be construed to permit the establishment of a cannabis dispensary or other physical premises from which retail sale by delivery of medicinal cannabis within the City is conducted.
d.
Nothing in this subsection (C)(2) is intended to or shall be interpreted to prohibit medicinal cannabis patients or their caregivers from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.
§ 9.52.030 Cultivation of Cannabis.
A.
Cannabis Cultivation Prohibited. Except as exempted in subsection C below, the cultivation of cannabis and/or the establishment, maintenance or operation of any cannabis cultivation site is prohibited in all zoning districts, planned unit development districts, and specific plan areas in the City.
B.
Establishment or Maintenance of Cannabis Cultivation Site Declared a Public Nuisance. Except as exempted in subsection C below, the establishment, maintenance, or operation of a cannabis cultivation site as defined in this chapter within the City limits of the City of Garden Grove is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Garden Grove Municipal Code, and/or any other law or ordinance that allows for the abatement of public nuisances.
C.
Exemptions. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
(2863 § 5, 2016; 2882 § 9, 2017)