Definitions: For purposes of this chapter, the following terms shall have the following meanings:
"Cannabis cultivation" or "cultivate cannabis"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Commercial cannabis activity"
means cultivation, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product for non-medicinal purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity excludes medicinal cannabis dispensaries.
"Detached, fully-enclosed and secure structure"
shall mean a building completely detached from a residence or dwelling unit that complies with the Malibu City Building and Zoning Codes and LCP and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.
"Indoors"
shall mean within a fully-enclosed and secure structure.
"Legal parcel"
shall mean any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).
"Marijuana" or "cannabis"
shall mean 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/marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis/marijuana" also includes cannabis that is used for medical, non-medicinal, or other purposes. However, "Cannabis/marijuana" 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. "Cannabis/marijuana" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
"Medicinal cannabis delivery"
shall mean the commercial transfer of cannabis or cannabis products to a customer. It also includes the use by a retailer of any technology platform owned and controlled by the retailer.
"Medicinal cannabis" or "medicinal cannabis product"
shall mean cannabis or cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Care Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
"Premises"
shall mean a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.
"Primary caregiver"
shall mean a "primary caregiver" as defined in Health and Safety Code Section 11362.7.
"Qualified patient"
shall mean a "qualified patient" as defined in Health and Safety Code Section 11362.7.
"Rear yard"
shall mean the rear open space portion of any premises, whether fenced or unfenced.
"Residential structure"
shall mean any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises located within a zoning district that allows residential uses.