Inglewood City Zoning Code
ARTICLE 34
CANNABIS REGULATIONS
§ 12-133 Purpose and Findings.
(a)
Purpose. The purpose and intention of this Article is to prohibit, restrict, and regulate medical and non-medical cannabis, and commercial cannabis activities to the fullest extent authorized by State law.
(b)
The City Council finds that:
(1)
The establishment and operation of businesses engaged in the cultivation, possession, manufacture, distribution, dispensing, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of cannabis and cannabis products for any medical or non-medical use has the potential harmful secondary effect of increasing property crimes, crimes against persons, and illicit drug use, as well as negatively impacting traffic, parking needs and noise levels within the neighborhoods where they are located; and therefore the public health, safety, and welfare of residents and businesses within the City would benefit from prohibiting the foregoing business activities within all zones in the City of Inglewood.
(2)
The public health, safety, and welfare of the City would benefit from permitting a limited exception for the inpatient use of cannabis for medical purposes at hospitals and other medical facilities offering long-term stay for patients provided that the hospital or other medical facility obtains a Special Use Permit from the City.
(3)
This Article is within the City's traditional land use and police powers authority pursuant to Article XI, Section 7 of the California Constitution, as recognized by the California Supreme Court and Legislature.
(4)
It is the intention of the City Council that this Article be interpreted to be compatible with State enactments and in furtherance of the public purposes that those enactments encompass.
(Ord. 17-18 10-3-17)
§ 12-134 Definitions.
The following terms and phrases, whenever used in this Article, shall be construed as defined in this Section. Whenever any word or phrase used in this Article is not defined herein but is defined in State law or regulation, the definition set forth in such State law or regulation is incorporated into this Article as though fully set forth herein.
means any or all parts of the plant Cannabis, including any species or subspecies, whether growing or not; the seeds of that plant; 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, including any foodstuff or other ingestible or consumable product infused with cannabis.
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.
includes the cultivation, possession, manufacture, distribution, dispensing, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of medical or non-medical cannabis and cannabis products. Commercial cannabis activity includes activities that are for profit and/or non-profit. A qualified patient or primary caregiver who complies with Business and Professions Code Section 26033(a) and (b), respectively, does not engage in a commercial cannabis activity.
means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis.
means medical treatment at a medical facility for a period of twenty-four consecutive hours or longer.
means cannabis or cannabis product intended to be sold for use by a medicinal cannabis patient in California who possesses a physician's recommendation pursuant to the Compassionate Use Act of 1996.
means a clinic licensed pursuant to Division 2, Chapter 1 of the Health and Safety Code which provides outpatient medical treatment.
means any of the following: (1) a health facility for persons admitted for a twenty-four-hour stay or longer as defined in Health and Safety Code Section 1250(2); a residential care facility for persons with a chronic life-threatening illness licensed pursuant to Division 2, Chapter 3.01 of the Health and Safety Code; (3) a residential care facility for the elderly licensed pursuant to Division 2, Chapter 3.2 of the Health and Safety Code; (4) a residential hospice or home health agency licensed pursuant to Division 2, Chapter 8 of the Health and Safety Code.
means cannabis or cannabis product intended to be sold for use by an adult twenty-one years of age or older pursuant to the Control, Regulate, and Tax Adult Use of Marijuana Act of 2016.
means medical treatment at an outpatient medical clinic as defined in Health and Safety Code Section 1200 or a medical facility, as defined herein, for a period of less than twenty-four consecutive hours.
means a house, apartment unit, mobile home or other similar dwelling, and includes any accessory structure that is fully enclosed, secure and located upon the grounds of the private residence.
(Ord. 17-18 10-3-17)
§ 12-135 Commercial Cannabis Activities Prohibited.
(a)
Commercial cannabis activities are prohibited in all zones in the City and no permit or license shall be issued for such activity.
(b)
Exception for Medical Facilities.
(1)
The inpatient sale, dispensing or distribution of medical cannabis or cannabis product to a qualified patient is permitted inside a hospital or medical facility, provided that the hospital or medical facility obtains a Special Use Permit from the City to engage in such activity.
(2)
The outpatient sale, dispensing, or distribution of medical cannabis or cannabis product to a qualified patient is prohibited in all zones and no permit or license shall be issued for such activity.
(Ord. 17-18 10-3-17)
§ 12-136 Cultivation of Cannabis for Personal Use.
(a)
The outdoor cultivation of medical and/or non-medical cannabis for personal use is prohibited in all zones in the City.
(b)
The indoor cultivation of medical and/or non-medical cannabis is permitted only to the extent authorized by State law, and subject to the following restrictions:
(1)
The cannabis shall be cultivated inside a private residence;
(2)
The cannabis shall be cultivated for personal use of the resident. If the resident is a primary caregiver, the cannabis may be cultivated for use by a qualified patient;
(3)
No more than six living cannabis plants may be cultivated inside a private residence;
(4)
The resident shall comply with all applicable fire, health and safety codes;
(5)
If the resident is a tenant, he or she must obtain permission to cultivate cannabis plants from the landlord, land owner, property manager or other similar person having control over the private residence; and
(6)
The cannabis plants shall not be visible from any public right-of-way.
(c)
This Section is not intended to interfere with any landlord-tenant agreement which prohibits the cultivation or use of cannabis in or upon the grounds of any premises.
(Ord. 17-18 10-3-17)
§ 12-137 Penalty for Violations. Public Nuisance Declared.
It is unlawful for any person, whether as principal, agent, employee, volunteer or otherwise, to violate, cause the violation of, or otherwise fail to comply with any of the requirements of this Article; this includes any landlord, land owner, property manager, or other similar person having control over real property, who rents, leases, or otherwise permits the establishment or operation of any commercial cannabis activity. Each day a violation of any provision of this Article is committed, or permitted to continue, shall constitute a separate offense.
In addition to the penalties provided, any condition caused or permitted to exist in violation of any provision of this Article is hereby declared a public nuisance that the City may remedy by any legally available means. Each day a violation of any provision of this Article is committed, or permitted to continue, shall constitute a separate offense.
(Ord. 17-18 10-3-17)
§ 12-138 Severability.
If any section or provision of this Article is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this Article.
(Ord. 17-18 10-3-17)