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

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.

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

Cannabis delivery means the commercial transfer of cannabis or cannabis products to a customer. "Cannabis 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.

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.

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.

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.

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 the Compassionate Use Act (Health and Safety Code, Section 11362.5) and/or the Medical Marijuana Program (Health and Safety Code, Section 11362.7 et seq.), as may be amended.

Cannabis testing laboratory means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products.

Commercial cannabis use 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, and includes any activity that requires a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10), as may be amended. Commercial cannabis activity does not include possession or indoor cultivation of cannabis for personal use that is not sold and in strict accordance with Health and Safety Code, Section 11362.1 et seq.

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.

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

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

(Ord. No. 746, § 5, 11-13-2017)

A.

Indoor Cultivation. The indoor cultivation of cannabis is prohibited except to the extent that state law permits the indoor cultivation of up to six cannabis plants for personal use per private residence. Persons engaging in indoor cultivation must comply with all state and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation and personal use of cannabis.

B.

Outdoor Cultivation. Outdoor cultivation of cannabis, including cannabis cultivation for personal medical use, personal adult-use, or commercial purposes is prohibited in all zoning districts in the town.

(Ord. No. 746, § 5, 11-13-2017)

A.

All commercial cannabis uses, as defined in Section 17.65.010, are prohibited from establishing or operating within the Town of Hillsborough. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

B.

Exception for Deliveries from Licensed Cannabis Retailers. Cannabis retailers and cannabis delivery services are prohibited from physically locating or establishing in the town. However, state-licensed cannabis retailers, as defined by this chapter, that are legally established and located outside the town may provide cannabis deliveries to medical or adult-use customers in Hillsborough under the following conditions:

1.

The cannabis retailer must be licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, Division 10) to provide cannabis deliveries.

2.

The cannabis retailer must operate in compliance with the applicable laws and regulations of the local jurisdiction in which the cannabis retailer is physically located and state law.

3.

The cannabis retailer must comply with Title 5, Chapter 5.04 of this code, in order to make deliveries within the town.

(Ord. No. 746, § 5, 11-13-2017; Ord. No. 750, § 3, 8-13-2018)