Acknowledging cannabis/marijuana continues to be recognized by the United States government as a Schedule 1 controlled substance the possession of which is a violation of United States Code Title 21, Chapter 13, Section 801 et seq., it is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating the cultivation, processing, extraction, manufacturing, testing, distribution, transportation, sale, and consumption of marijuana, whether for medical purposes as currently allowed under California law or for recreational use should recreational use become lawful under California law.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

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

"Act" means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act, including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning.

"Cannabis" or "marijuana" shall have the meaning set forth in California Business and Professions Code Section 19300.5(f). Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

"Collective" or "cooperative cultivation" means the association of two (2) or more persons, including, without limitation, qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical or other purposes.

"Commercial marijuana operation" means any commercial cannabis activity as set forth in California Business and Professions Code Section 19300.5(k) and allowed under the Act, and all uses permitted under any subsequently enacted California law pertaining to the same or similar uses for recreational cannabis.

"Delivery" means the commercial transfer of medical or recreational use marijuana and marijuana products from any source as well as the use of any technology platform that enables persons, whether qualified patients, caregivers, or recreational users, to arrange for or facilitate the transfer and delivery of marijuana.

"Marijuana collective" or "cooperative" means the association of two (2) or more persons including, without limitation, qualified patients, persons with valid identification cards, and designated primary caregivers, who collectively or cooperatively cultivate, use, sell, transport, process, administer, deliver, dispense, or give away marijuana for medical or other purposes.

"Marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to persons or entities.

"Marijuana products" means cannabis that has undergone a process whereby the plant material has been transformed into any form including, without limitation, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Medical marijuana" or "medical marijuana use" means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

"Person" means any individual, partnership, limited liability company, corporation, association, trust, joint venture, society, club or other organization or group of persons.

"Recreational marijuana" or "recreational marijuana use" means all uses of cannabis not included within the definition of medical marijuana use.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

To the extent the city is required to allow the cultivation of medical marijuana under California law, the requirements set forth in this Section 17.97.030 shall apply. Nothing in this section shall be interpreted to permit medical or commercial marijuana operations, collective or cooperative cultivation of marijuana, marijuana collectives or cooperatives or marijuana dispensaries otherwise prohibited by this chapter.

A.

Personal Use Cultivation. Only an individual qualified patient or person with a medical marijuana identification card may cultivate medical marijuana in his/her private residence. Cultivation shall be limited to a maximum of six (6) marijuana plants. A primary caregiver shall only cultivate medical marijuana in the residence of a qualified patient or person with a medical marijuana identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1.

Area. The medical marijuana cultivation area in the residence shall not exceed thirty-two (32) square feet measured by the canopy of the marijuana plants and not exceed ten (10) feet in height in the residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area in the residence.

2.

Lighting. Medical marijuana cultivation lighting in the residence shall not exceed a total of twelve hundred (1,200) watts.

3.

Building Code Requirements. Any alterations or additions to the residence shall be subject to applicable building and fire codes, including, without limitation, plumbing and electrical, and all applicable municipal code requirements, including, without limitation, lot coverage, setback and height requirements.

4.

Gas Products. The use of gas products (CO 2 , butane, etc.) for medical marijuana cultivation or processing is prohibited.

5.

Evidence of Cultivation. There shall be no exterior evidence of medical marijuana cultivation occurring on the site of the residence that can be seen from neighboring properties, public rights-of-way or other public spaces.

6.

Residence. The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.

7.

Cultivation Elsewhere in City. The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the city.

8.

Incidental Use. The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.

9.

Ventilation. The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation and use of marijuana are not detectable beyond the inside walls of the residence and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. The ventilation system shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code Section 1203.4 Natural Ventilation, or Section 402.3 Mechanical Ventilation (or its equivalent(s)).

10.

Storage of Chemicals. Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way. Any and all chemicals must be used, stored and disposed of in compliance with all limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules and timetables contained in all environmental laws. As used in this chapter, the term "environmental laws" means any past, present or future federal, state or local statutory or common law, or any regulation, ordinance, code, plan, order, permit, grant, franchise, concession, restriction or agreement issued, entered, promulgated or approved thereunder, relating to: (i) the environment, human health or safety, including, without limitation, emissions, discharges, releases or threatened releases of hazardous materials (as defined below) into the environment (including, without limitation, air, surface water, groundwater or land); or (ii) the use, treatment, receipt, storage, disposal, transport, arranging for transport, or handling of hazardous materials. As used in this chapter, the term "hazardous materials" shall mean and include any and all hazardous or toxic materials, substances, chemicals or wastes as now or hereafter designated or regulated under any law, statute, ordinance, rule, regulation, order or ruling of any agency of the State of California, the United States Government or any local governmental authority.

11.

Nuisance. The medical marijuana cultivation area shall not adversely affect the health or safety of the residents of the city by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and not be hazardous due to the use or storage of materials, chemicals, processes, products or wastes, or from other actions related to the cultivation.

12.

Property Owner Authorization. For rental property, the tenant/lessee shall obtain written authorization and consent from the landlord/lessor prior to commencing cultivating medical marijuana at the residence. The landlord/lessor shall have the right to revoke such authorization and consent at any time. Upon the revocation of such authorization and consent, the cultivation of medical marijuana shall immediately terminate and all marijuana plants shall be immediately removed from the residence.

13.

Notification. Prior to commencement of cultivation of medical marijuana within any residence the owner or landlord/lessor and tenant/lessee of the residence within which cultivation of medical marijuana will occur shall provide the Kingsburg Police Department with written notification ("notification"), using the notification form provided by the Kingsburg Police Department, of the intent to cultivate medical marijuana within the residence. Any person cultivating marijuana in their residence prior to the effective date of this chapter shall provide the notification required by this section to the Kingsburg Police Department within ten (10) days after the effective date of this chapter. Upon receipt of a notification, the Kingsburg Police Department shall direct the owner or landlord/lessee and tenant/lessee to the Kingsburg Planning Development to obtain a copy of this chapter and information regarding building code and permit requirements that may be applicable to the residence if alterations or additions to the residence are needed in order to comply with the provisions of this chapter. The Kingsburg Police Department and Planning Development shall keep patient information confidential to the extent required by law.

14.

Posting of Physician Recommendation or Identification Card; Posting of Owner Authorization and Consent. A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana within the residence shall also be posted in the same manner.

B.

Collective or Cooperative Cultivation. The collective or cooperative cultivation of medical marijuana or the operation of a medical marijuana dispensary is prohibited in the city.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

To the extent recreational marijuana use becomes legal under California law and the city is required to allow the cultivation of recreational marijuana under California law, the requirements set forth in Section 17.97.030 shall apply to the cultivation of recreational marijuana within a residence and upon the property where the residence is located.

A.

California Law Requirements. In addition to the provisions of this chapter the cultivation of recreational marijuana shall be subject to all of the requirements set forth in California law.

B.

Compliance with Medical Marijuana Personal Use Cultivation Requirements. All persons allowed under California law to cultivate recreational use marijuana shall be subject to and shall comply with the same rules, requirements, and limitations applicable to the personal use cultivation of medical marijuana set forth in this chapter.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

A.

Commercial Marijuana Operations. Commercial marijuana operations as defined in Section 17.97.020 are prohibited within the city.

B.

Collective or Cooperative Cultivation and Marijuana Collective or Cooperative. Collective or cooperative cultivation of marijuana as defined in Section 17.97.020 and marijuana collectives or cooperatives as defined in Section 17.97.020 are prohibited within the city.

C.

Dispensaries. Marijuana dispensaries as defined in Section 17.97.020 are prohibited within the city.

D.

Deliveries. The delivery of marijuana as defined in Section 17.97.020 is prohibited in the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for the ordering or delivery by the dispensary.

E.

Exceptions. The following facilities providing medical marijuana to patients are not subject to the provisions of Section 17.97.050 B. provided the facilities operate in strict compliance with Health and Safety Code Sections 11362.5 and 11362.7 et seq., and all other California and local laws, including, without limitation, zoning, permitting, and licensing requirements:

1.

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.

2.

A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code.

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code.

5.

A residential hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

No person shall smoke, ingest, or otherwise consume marijuana or marijuana products, whether recreational or medical, in the city unless such smoking, ingesting or consumption is allowed by California law and occurs entirely within a private residence. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings. Except that, medical marijuana may be consumed within the facilities identified in Section 17.97.050 E. of this chapter.

All consumption of marijuana or marijuana products permitted by this chapter shall be done in a manner that does not constitute a nuisance or that is adverse to the health and safety of the public.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Violations of this chapter for conduct that is not otherwise considered lawful under California law shall be considered misdemeanors and punishable in accordance with Chapter 1.16 of the municipal code. Each and every day, or portion thereof, a violation exists shall be a separate offense. The city may also pursue any and all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations to terminate such conduct.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of the California Code of Civil Procedure Section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure Section 1994.6, which shall be applicable for such actions.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The city council hereby declares that it would have adopted this chapter, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

(Ord. No. 2016-006, § 1, 11-2-2016; Ord. No. 2024-07, § 1, 12-18-2024)