For the purpose of this Chapter, unless the context otherwise requires, certain terms used in this Chapter shall be as defined below. The definitions in Chapter 21.06 shall otherwise apply.

A.

"Bureau" means the Bureau of Cannabis Control within the California Department of Consumer Affairs.

B.

"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

C.

"Cannabis product" has the same meaning as in Section 11018.1 of the California Health and Safety Code.

D.

"Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.

E.

"Certificate of accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state.

F.

"Child care center" means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, transitional kindergartens, and school age child care centers.

G.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Within the definition of cultivation, the following specific permit types, corresponding to state cultivator license types set forth in California Business and Professions Code Section 26061 apply:

1.

Type 1A or "specialty indoor" means indoor cultivation using exclusively artificial lighting of between five hundred one (501) and five thousand (5,000) square feet of total canopy size on one premises;

2.

Type 1B or "specialty mixed-light" means cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of between two thousand five hundred one (2,501) and five thousand (5,000) square feet of total canopy size on one premises;

3.

Type 1C, or "specialty cottage," for cultivation using a combination of natural and supplemental artificial lighting at a maximum threshold to be determined by the licensing authority, of two thousand five hundred (2,500) square feet or less of total canopy size for mixed-light cultivation, or five hundred (500) square feet or less of total canopy size for indoor cultivation, on one premises;

4.

Type 2A or "small indoor" means indoor cultivation exclusively using artificial lighting and having a total canopy size between five thousand one (5,001) and ten thousand (10,000) square feet on one premises;

5.

Type 2B or "small mixed-light" means cultivation using a combination of natural and supplemental artificial lighting and having a total canopy size between five thousand one (5,001) and ten thousand (10,000) square feet on one premises;

6.

Type 3A or "indoor" means indoor cultivation using exclusively artificial lighting and having a total canopy area between ten thousand one (10,001) and twenty-two thousand (22,000) square feet on one premises;

7.

Type 3B or "mixed-light" means cultivation using a combination of natural and supplemental artificial lighting and having a total canopy area of between ten thousand one (10,001) and twenty-two thousand (22,000) square feet on one premises; and

8.

Type 4 or "nursery" means cultivation of cannabis solely as a nursery.

H.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

I.

"Dispensary" means a facility where cannabis, cannabis products, or devices for the use of 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.

J.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to this Chapter.

K.

"Edible cannabis product" means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

L.

"Greenhouse" means a fully enclosed permanent structure that is clad in transparent material with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental artificial lighting for cultivation.

M.

"Hearing Officer" means a person appointed by the County to conduct an administrative hearing under this Chapter. The appointed Hearing Officer shall be an impartial decision-maker selected by a process that eliminates risk of bias, such as:

1.

An administrative law judge provided by the State of California Office of Administrative Hearings to function as the County Hearing Officer pursuant to Chapter 14 of Part 3 of Division 2 of Title 3 of the California Government Code;

2.

A person selected randomly from a panel of attorneys willing to serve as a Hearing Officer; or

3.

An independent contractor assigned by an organization or entity which provides hearing officers.

N.

"Identification card" has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.

O.

"Large shopping center" means a shopping center or contiguous shopping centers where all of the following are met:

1.

The shopping center(s) are designed, planned, and managed to serve regional shopping needs;

2.

he shopping center(s) consist of at least twelve (12) retail stores and service establishments connected by parking areas and common walkways; and

3.

The shopping center(s) are located on at least two acres of land inclusive of parking areas.

P.

"Licensee" means any person holding a state license under California Business and Professions Code Section 26000 et seq.

Q.

"Licensing authority" means the state agency responsible for the issuance, renewal, or reinstatement of a state license for commercial cannabis activities, or the state agency authorized to take disciplinary action against the licensee.

R.

"Manufactured cannabis" or "cannabis product" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

S.

"Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products either directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.

T.

"Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

U.

"Nursery" means a permittee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

V.

"One ownership" and "owner" have the same definition as set forth in Chapter 21.06 of this Title.

W.

"Permittee" means a person issued a use permit under this Chapter.

X.

"Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

Y.

"Playground" means any park or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, County, or state parks.

Z.

"Primary caregiver" has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.

AA.

"Public park" means an area created, established, designated, or maintained by a special district, a County, the State, or the Federal government for public play, recreation, or enjoyment or for the protection of natural resources and features at the site.

BB.

"Qualified patient" has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.

CC.

"Retailer" and "retail facility" shall have the same meaning as "dispensary."

DD.

"State" means the state of California.

EE.

"State license," "license," or "registration" means a state license issued pursuant to California Business and Professions Code Section 26000 et seq.

FF.

"Testing laboratory" means a facility, entity, or site in the state that offers or performs tests of cannabis or cannabis products and that is both of the following:

1.

Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activities in the state; and

2.

Licensed by the Bureau.

GG.

"Transport" or "transportation" mean the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to the California Business and Professions Code Section 26000 et seq.

HH.

"Volatile manufacturing" means a manufacturing site that manufactures cannabis products using volatile solvents.

II.

"Volatile solvent" shall have the same meaning as in Paragraph (3) of Subsection (b) of Section 11362.3 of the Health and Safety Code, unless otherwise provided by law or regulation.

JJ.

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5300, § 1, 3-20-2018; Ord. No. 5306, § 18, 11-6-2018)

The purpose of this Chapter is to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls in compliance with state law and federal enforcement guidelines, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment in the unincorporated areas of Monterey County by establishing minimum land use requirements for commercial cannabis activities. Commercial cannabis activity, as defined pursuant to Section 21.06.192 of Title 21, includes the cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product. Although cultivation of cannabis is not "development" within the meaning of the 2010 General Plan, this Chapter recognizes that commercial cannabis activities require land use controls due to the unique federal and state legal constraints on commercial cannabis activity, and the potential environmental and social impacts associated with commercial cannabis activity.

(Ord. No. 5292, § 16, 12-5-2017)

Except as provided in Section 21.67.090 of this Chapter, commercial cannabis activities shall not be allowed in the unincorporated areas of Monterey County without first securing all permits, licenses, or other entitlements required by County regulation and state law and regulation.

A.

An administrative permit shall be required for all commercial cannabis activities. The application for an administrative permit, and for amendments thereto and extensions thereof, shall be processed in accordance with Chapter 21.70 of the Monterey County Code. The Chief of Planning is the Appropriate Authority to consider an administrative permit for commercial cannabis activities and to consider extensions of and amendments to such permits unless the matter is referred to public hearing under Section 21.70.060 of this Chapter. Appeals from the decision of the Chief of Planning shall be governed by Chapter 21.80 of the Monterey County Code. Notwithstanding the foregoing, the procedures for suspension and revocation of an administrative permit granted under this Chapter shall be as set forth in Sections 21.67.110 and 21.67.120 of this Chapter.

B.

In addition to an administrative permit, a commercial cannabis permit pursuant to Chapter 7.90 of the Monterey County Code shall be required for all commercial cannabis activities.

C.

Upon implementation of state regulations pursuant to California Business and Professions Code Section 26012, a valid license from the state shall be required to operate any commercial cannabis activity.

D.

The owner shall post or cause to be posted on site the administrative permit and all required County and state permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis or cannabis products.

E.

The owner and all permittees shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation, which shall be made available to the County upon request.

F.

The owner and all permittees shall conduct commercial cannabis activities in compliance with all required County permits, state licenses, County regulation, and state law and regulation. The owner shall be responsible for the payment of all required inspection fees, permit fees, and taxes.

G.

Commercial medical cannabis activities that were legally established prior to the effective date of Ordinance No. 5270 enacting this Chapter (August 12, 2016) had one year from the effective date of the ordinance to obtain all required County permits, licenses, and entitlements, or to terminate their operations.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5306, §§ 19—21, 11-6-2018)

A.

Applicability. The provisions of this Section are applicable in Light Commercial (LC), Heavy Commercial (HC), and Mixed Use (MU) zoning districts. Cannabis retailers shall not be allowed in any other zoning district.

B.

Regulations. Cannabis retailers shall meet the following minimum requirements:

1.

Retail facilities shall be located only in zoning districts that specifically provide for this use.

2.

Retail facilities shall not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority. The distance specified in this Section shall be measured from property line to property line, except for playgrounds, which will be measured from the boundary of the playground facility.

3.

Retail facilities shall not be located within one thousand five hundred (1,500) feet of another approved retail facility, except when a retail facility demonstrates to the satisfaction of the Appropriate Authority that special circumstances exist.

a.

Special circumstances require a proposed retail facility to provide proof based on substantial evidence of the following:

i.

The proposed retail facility is located within a Community Area, Rural Center, or Large Shopping Center; and

ii.

The proposed retail facility would result in no more than three (3) retail facilities in the designated Community Area, or result in no more than two (2) retail facilities in the Rural Center or Large Shopping Center.

b.

A use permit pursuant to Chapter 21.74 of this Title shall be required for a proposed retail facility that does not comply with the one thousand five hundred (1,500) foot setback from another approved retail facility, and when the Appropriate Authority determines that special circumstances are inapplicable to a proposed retail facility as described in this Subsection. The Planning Commission is the Appropriate Authority to consider said permit. Appeals from the decision of the Planning Commission shall be governed by Chapter 21.80 of the Monterey County Code. In reviewing the use permit, the Appropriate Authority shall consider the location of the proposed retailer, density of retailers in the vicinity, specific characteristics of the site, and any other relevant factors. The use permit shall be subject to all of the other requirements and findings for a cannabis retailer under section 21.67.

c.

In circumstances where a retail facility is proposed within one thousand five hundred (1,500) feet of another proposed retail facility, the one thousand five hundred 1,500 foot setback is established upon the granting of an entitlement by the Appropriate Authority. In these circumstances, entitlements for commercial cannabis retailers shall be considered in the order the application for the entitlement is deemed complete.

4.

Retailers shall keep accurate records of all business operations and provide such records for inspection consistent with Section 26160 of the California Business and Professions Code.

5.

Retailers shall implement and maintain sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products in compliance with Section 26070 of the California Business and Professions Code and any rules promulgated by the licensing authority. Security measures shall include, but are not limited to, the following:

a.

Prevent individuals from loitering on the premises of the retailer if they are not engaging in activity expressly related to the operations of the retailer;

b.

Establish limited access areas accessible only to authorized dispensary personnel;

c.

Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss, except for limited amounts of cannabis and cannabis products used for display purposes, samples or immediate sale;

d.

Install security cameras on site; and

e.

Provide for on-site security personnel meeting the requirements and standards contained within Chapter 7.30 of the Monterey County Code. Onsite security shall not carry firearms or other lethal weapons.

6.

If the retailer's operations are proposed to include delivery, all employees of a retailer delivering cannabis or cannabis products shall carry a copy of the documentation listed below when making deliveries. This information shall be provided upon request to law enforcement officers and to employees of state and local agencies enforcing this Chapter.

a.

A copy of the retailer's current permits, licenses, and entitlements authorizing them to provide delivery services;

b.

The employee's government-issued identification;

c.

A copy of the delivery request; and

d.

Chain of custody records for all goods being delivered.

7.

Retailers shall ensure that all cannabis and cannabis products at the dispensary are cultivated, manufactured, transported, distributed, and tested by licensed and permitted facilities that maintain operations in full conformance with state and local regulations.

8.

Retailers shall not distribute any cannabis or cannabis product unless the cannabis and cannabis products are labeled and in a tamper-evident package in compliance with Section 26120 of the California Business and Professions Code and any additional rules promulgated by the licensing authority.

9.

Retailers shall notify the Monterey County Sheriff's Office and the licensing authority within twenty-four (24) hours after discovering any of the following:

a.

Significant discrepancies identified during inventory;

b.

Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the retailer;

c.

The loss or unauthorized alteration of records related to cannabis, patients, or retailer's employees or agents; or

d.

Any other breach of security.

10.

Possession or delivery of any other form of illegal drugs without proper legal authorization shall be grounds for revocation of permits.

C.

Required Findings. An administrative permit for a cannabis retailer shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

1.

The retailer, as proposed, has demonstrated that it can and will comply with all of the requirements of the state and County to operate a cannabis retail facility.

2.

The retail facility will not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority, and the retail facility will not be located within one thousand five hundred (1,500) feet of another retail facility.

3.

The retailer, as approved and conditioned, will not result in significant unavoidable impacts on the environment.

4.

The retailer includes adequate measures that minimize, to the extent feasible, nuisances to the immediate neighborhood and community including minimizing the detection of odor from off site, minimizing the effects of loitering, providing adequate security measures, and not exceeding the permit's limits on hours of operation.

5.

The retailer will provide adequate measures that address the federal enforcement priorities for cannabis activities including providing for restrictions on drugged driving, restricting access to minors, prohibiting use of firearms for security purposes at the premises, and ensuring that cannabis and cannabis products are supplied from permitted and licensed sources.

D.

In addition to any other required conditions and mitigation measures approved by the Appropriate Authority, all of the following conditions shall apply to all permits for a cannabis retailer:

1.

The cannabis retailer shall allow access to its facilities and records if requested by the County, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the County or its officers to verify compliance with all relevant rules, regulations, and conditions.

2.

The applicant, owner, and all permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the County or their designee.

3.

The applicant for the retail facility and property owner shall indemnify, defend, and hold the County harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

4.

Any person operating a cannabis retail facility shall obtain a valid and fully executed commercial cannabis permit pursuant to Chapter 7.90 of the Monterey County Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

5.

The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by the Monterey County Code and state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activates at the site who do not maintain permits or licenses in good standing with the County or state shall be grounds for the suspension or revocation of an administrative or a use permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

6.

The retailer shall operate only in accordance with the operating plans reviewed and approved by the County. The County shall limit the hours of operation for a retail facility to begin no earlier than eight a.m. and to end no later than eight p.m.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5300, §§ 2, 3, 3-20-2018; Ord. No. 5306, §§ 22—26, 11-6-2018; Ord. No. 5334, § 5, 7-7-2020)

A.

Applicability. Except as provided in Section 21.67.090 of this Chapter, cannabis cultivation may only be permitted in the Light Industrial (LI), Heavy Industrial (HI), Agricultural Industrial (AI), or Farmland (F) zoning districts with an administrative permit in each case and as may be further restricted by this Section. Outdoor cannabis cultivation is prohibited in all zones within the unincorporated areas of Monterey County except as provided in Section 21.67.090 of this Chapter, and as provided in Chapter 21.69 of the Monterey County Code. The table below summarizes the zoning districts where cultivation may be considered with an administrative permit.

AP= Administrative permit pursuant to Chapter 21.70.

B.

Regulations. Cannabis cultivation shall comply with all of the following regulations:

1.

It is the intent of the County to provide for the adaptive reuse of greenhouse properties in Monterey County and to restrict the proliferation of greenhouses or other structures on productive agricultural lands. To this end, within the Farmland (F) zoning district, indoor and mixed-light cannabis cultivation and cannabis nurseries (Type 1A, 1B, 1C, 2A, 2B, 3A, 3B and 4 state license types) may be permitted with an administrative permit in each case provided that the cultivation occurs within a greenhouse or agricultural support service facility that was permitted or legally established prior to January 1, 2016. On properties that contain one or more greenhouses legally established prior to January 1, 2016, the above described cultivation may be permitted within legally established greenhouses, or within new or expanded greenhouses constructed after January 1, 2016. Agricultural support service facilities used for drying, trimming, processing, and storage, may also be constructed to support permitted greenhouse cultivation. In all cases, cannabis uses shall require approval of an administrative permit, and all new or expanded construction shall comply with the applicable regulations of this Title and state law.

2.

Within the Light Industrial (LI), Heavy Industrial (HI), and Agricultural Industrial (AI) zoning districts, indoor or mixed-light cannabis cultivation or cannabis nurseries (Type 1A, 1B, 1C, 2A, 2B, 3A, 3B, or 4 state license types) may be permitted subject to an administrative permit in each case.

3.

In no case shall a building intended for residential use be used for the cultivation of cannabis.

4.

Cannabis cultivation shall not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority. The distance specified in this Section shall be measured from property line to property line, except for playgrounds, which will be measured from the boundary of the playground facility.

5.

Until a track and trace program for the identification of permitted cannabis plants at a cultivation site is created by the California Department of Food and Agriculture, cultivators shall implement a County approved unique identification protocol. Unique identifiers shall be attached at the base of each plant and shall be traceable through the supply chain back to the cultivation site. Once a state program has been established, all cultivation activities permitted under this Chapter shall comply with the state requirements for unique identifiers and the trace and track program.

6.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. If on-site security is utilized, such on-site security shall not use or possess firearms or other lethal weapons.

7.

Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

8.

Water conservation measures, water capture systems, or grey water systems shall be incorporated in cannabis cultivation operations in order to minimize use of water where feasible.

9.

Electrical power for indoor cultivation using artificial lighting only shall be provided by one of the following methods:

a.

Onsite renewable generation designed to offset anticipated energy demand to the maximum extent feasible and purchase of carbon offsets of any portion of power not provided from onsite renewable sources; or

b.

Ongoing participation in a rate program offered by the electric utility provider that provides energy from one hundred percent (100%) renewable source. Examples of such programs include the Central Coast Community Energy 3CPrime program, and Pacific Gas and Electric Company's Solar Choice or Regional Renewable Choice programs.

10.

Cannabis plants shall not be visible from off site. No visual markers indicating that cannabis is cultivated on the site shall be visible from off site.

11.

The owner shall ensure that the total canopy size of cannabis cultivated at the site does not exceed the cumulative canopy size authorized by state law or regulation. The owner and its licensees and permittees, operating on a site permitted pursuant to this Chapter, and with a commercial cannabis permit required pursuant to Chapter 7.90 of the Monterey County Code, shall ensure that the total canopy size of cannabis cultivation does not individually exceed the amounts authorized by County permits and state law.

12.

Unless restricted under the terms or conditions of an administrative permit, permittees who hold an administrative permit for cannabis cultivation or nursery operations may transport their own cannabis grown on site to another permitted and licensed cannabis business at an off-site facility provided the cultivation or nursery permittee hold a Type 11 state license or other applicable state license that allows for the transportation of cannabis. A separate administrative permit under this Section shall not be required for permittees that transport their own cannabis grown on site to another permitted and licensed cannabis business at an off-site facility. Failure to adhere to County or state laws and regulations for cannabis transportation may be grounds for suspension or revocation of an administrative permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

C.

Required Findings. An administrative permit for cannabis cultivation shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

1.

The cultivation, as proposed, will comply with all of the requirements of the state and County for the cultivation of cannabis.

2.

The cultivation will not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority.

3.

The cultivation, as approved and conditioned, will not result in significant unavoidable impacts on the environment.

4.

The cultivation includes adequate measures that minimize use of water for cannabis cultivation at the site.

5.

The cultivation includes adequate measures to address the projected energy demand for cannabis cultivation at the site.

6.

The cultivation includes adequate quality control measures to ensure cannabis cultivated at the site meets industry standards.

7.

The cultivation includes adequate measures that address the federal enforcement priorities for cannabis activities including restricting access to minors, prohibiting use of firearms for security purposes at the premises, and ensuring that cannabis and cannabis products are not supplied to unlicensed and unpermitted persons within the state and not distributed out of state.

D.

Required Conditions. In addition to any other conditions and mitigation measures required by the Appropriate Authority, all of the following conditions shall apply to all permits for cannabis cultivation:

1.

The owner and permittees shall allow access to cultivation sites and access to records if requested by the County, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the County or its officers to verify compliance with all relevant rules, regulations, and conditions.

2.

The applicant, owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the County or their designee.

3.

The applicant for the cultivation and the owner shall indemnify, defend, and hold the County harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

4.

Any person cultivating cannabis shall obtain a valid and fully executed commercial cannabis permit pursuant to Chapter 7.90 of the Monterey County Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

5.

The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by the Monterey County Code and state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or licenses in good standing with the County or state shall be grounds for the suspension or revocation of an administrative permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

6.

The cultivation activities shall be maintained in accordance with the operating plans as approved by the County.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5300, §§ 4, 5, 3-20-2018; Ord. No. 5306, §§ 27—32, 11-6-2018; Ord. No. 5350, § 2, 5-18-2021; Ord. No. 5354, §§ 2—4, 6-22-2021)

A.

Applicability. Non-volatile cannabis manufacturing facilities (requiring a Type 6 state license) may be permitted in the Heavy Commercial (HC), Light Industrial (LI), Heavy Industrial (HI), Agricultural Industrial (AI), or in Farmland (F) zoning districts when combined with a cannabis cultivation permit, subject to an administrative permit in each case. Cannabis manufacturing facilities involving volatile processes or substances (requiring a Type 7 state license) shall only be permitted in the Heavy Industrial (HI) zoning district with an administrative permit in each case. Except as provided in Section 21.67.090 of this Chapter, cannabis manufacturing shall be subject to the requirements contained in this Section.

B.

Regulations. Cannabis manufacturing shall comply with all of the following regulations:

1.

Cannabis manufacturing facilities shall be located only in zoning districts that specifically provide for this use.

2.

Cannabis manufacturing facilities shall not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority. The distance specified in this Section shall be measured from property line to property line, except for playgrounds, which will be measured from the boundary of the playground facility.

3.

The Director of the Monterey County Environmental Health Bureau or his/her designee is the appropriate authority to determine if manufacturing operations are "volatile" as defined by the state.

4.

All cannabis manufacturing operations shall ensure that cannabis is obtained from permitted and licensed cultivation sources and shall implement best practices to ensure that all manufactured cannabis products are properly stored, labeled, transported, and inspected prior to distribution at a legally permitted and licensed dispensary.

5.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. Security measures shall include, but are not limited to, the following:

a.

Prevent individuals from loitering on the premises of the manufacturing facility if they are not engaging in activity expressly related to the operations of the manufacturing facility;

b.

Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;

c.

Install security cameras on site; and

d.

Provide for on-site security personnel meeting the requirements and standards contained within Chapter 7.30 of the Monterey County Code. On-site security shall not use or possess firearms or other lethal weapons.

6.

Any employees of a cannabis manufacturing facility operating potentially hazardous equipment shall be trained on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure. In addition, employees handling edible cannabis products or ingredients shall be trained on proper food safety practices.

7.

Unless restricted under the terms or conditions of an administrative permit, permittees who hold an administrative permit for cannabis manufacturing may transport their own cannabis products manufactured on site to another permitted and licensed cannabis business at an off-site facility provided the manufacturing permittee holds a Type 11 state license or other applicable state license that allows for the transportation of cannabis products. A separate administrative permit under this Section shall not be required for permittees that transport their own cannabis products manufactured on site to another permitted and licensed cannabis business at an off-site facility. Failure to adhere to County or state laws and regulations for manufactured cannabis transportation may be grounds for suspension or revocation of an administrative permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

C.

An administrative permit for cannabis manufacturing shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

1.

The manufacturing facility, as proposed, will comply with all of the requirements of the state and County for the cannabis manufacturing.

2.

The manufacturing facility will not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority.

3.

The manufacturing, as approved and conditioned, will not result in significant unavoidable impacts on the environment.

4.

The manufacturing includes adequate quality control measures to ensure cannabis manufactured at the site meets industry standards.

5.

The manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from the release of harmful gases, liquids, or substances.

6.

The manufacturing operations plan includes adequate measures that address the federal enforcement priorities for cannabis activities including providing restrictions on access to minors, prohibiting use of firearms for security purposes at the premises, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the state.

D.

Required Conditions. In addition to any other conditions and mitigation measures required by the Appropriate Authority, all of the following conditions shall apply to all permits for cannabis manufacturing:

1.

The owner and permittees shall allow access to the facility and access to records if requested by the County, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the County or its officers to verify compliance with all relevant rules, regulations, and conditions.

2.

The applicant, owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the County or their designee.

3.

The applicant for the manufacturing facility and the owner shall indemnify, defend, and hold the County harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

4.

Any person operating a cannabis manufacturing facility shall obtain a valid and fully executed commercial cannabis permit pursuant to Chapter 7.90 of the Monterey County Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

5.

The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by the Monterey County Code and state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or licenses in good standing with the County or state shall be grounds for the suspension or revocation of an administrative permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

6.

The manufacturing facilities and activities shall be maintained in accordance with the operating plans approved by the County.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5300, §§ 6, 7, 3-20-2018; Ord. No. 5306, §§ 33—36, 11-6-2018)

A.

Applicability. Cannabis testing facilities (requiring a Type 8 state license) may be permitted in the Heavy Commercial (HC), Light Industrial (LI), Heavy Industrial (HI), and Agricultural Industrial (AI) zoning districts subject to an administrative permit in each case. Testing facilities shall be subject to the requirements of this Section.

B.

Regulations. Cannabis testing facilities shall comply with all of the following regulations:

1.

Cannabis testing facilities shall be located only in zoning districts that specifically provide for this use.

2.

Cannabis testing facilities shall not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority. The distance specified in this Section shall be measured from property line to property line, except for playgrounds, which will be measured from the boundary of the playground facility.

3.

Cannabis testing facilities shall be independent from all other persons and entities involved in the cannabis industry.

4.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. Security measures shall include, but are not limited to, the following:

a.

Prevent individuals from loitering on the premises of the testing facility if they are not engaging in activity expressly related to the operations of the testing facility;

b.

Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;

c.

Install security cameras on site; and

d.

Provide for on-site security personnel meeting the requirements and standards contained within Chapter 7.30 of the Monterey County Code. On-site security shall not use or possess firearms or other lethal weapons.

5.

Cannabis testing facilities shall adopt standard operating procedures using methods consistent with general requirements for the competence of testing and calibration activities, including sampling, using standard methods established by the International Organization for Standardization, specifically ISO/IEC 17020 and ISO/IEC 17025 to test cannabis and cannabis products that are approved by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement.

6.

Cannabis testing facilities shall obtain samples for testing according to a statistically valid sampling method.

7.

Cannabis testing facilities shall analyze samples according to either the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia or a scientifically valid methodology that is demonstrably equal or superior to the most recent cannabis inflorescence monograph.

8.

If a test result falls outside the specifications authorized by law or regulation, the cannabis testing facility shall follow a standard operating procedure to confirm or refute the original result.

9.

Cannabis testing facilities shall destroy the remains of any samples of cannabis or cannabis product tested upon completion of the analysis.

10.

A licensed testing laboratory shall issue a certificate of analysis for each lot, with supporting data, to report both of the following:

a.

Whether the chemical profile of the lot conforms to the specifications of the lot for compounds, including, but not limited to, all of the following:

i.

Tetrahydrocannabinol (THC).

ii.

Tetrahydrocannabinolic Acid (THCA).

iii.

Cannabidiol (CBD).

iv.

Cannabidiolic Acid (CBDA).

v.

The terpenes described in the most current version of the cannabis inflorescence monograph published by the American Herbal Pharmacopoeia.

vi.

Cannabigerol (CBG).

vii.

Cannabinol (CBN).

viii.

Any other compounds required by the Department of Public Health.

b.

That the presence of contaminants does not exceed the levels that are the lesser of either the most current version of the American Herbal Pharmacopoeia monograph or those set by the California Department of Public Health. For purposes of this Paragraph, contaminants include, but are not limited to, all of the following:

i.

Residual solvent or processing chemicals.

ii.

Foreign material, including, but not limited to, hair, insects, or similar or related adulterant.

iii.

Microbiological impurity, including total aerobic microbial count, total yeast mold count, P. aeruginosa, aspergillus spp., s. aureus, aflatoxin B1, B2, G1, or G2, or ochratoxin A.

iv.

Whether the batch is within specifications for odor and appearance.

C.

Required Findings. An administrative permit for a cannabis testing facility shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

1.

The testing facility, as proposed, will comply with all of the requirements of the state and County for the testing of cannabis or cannabis products.

2.

The testing facility will not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority.

3.

The cannabis testing, as approved and conditioned, will not result in significant unavoidable impacts on the environment.

4.

The owners, permittees, operators, and employees of the testing facility will not be associated with any other form of commercial cannabis activity.

5.

The testing facility is accredited by an appropriate accrediting agency.

6.

Plans for the testing facility demonstrate proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

D.

Required Conditions. In addition to any other conditions and mitigation measures required by the Appropriate Authority, all of the following conditions shall apply to all permits for a cannabis testing facility:

1.

The owner and permittees of the testing facility shall allow access to the facility and access to records if requested by the County, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the County or its officers to verify compliance with all relevant rules, regulations, and conditions.

2.

The applicant, owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the County or their designee.

3.

The applicant for the testing facility and the owner shall indemnify, defend, and hold the County harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

4.

Any person operating a cannabis testing facility shall obtain a valid and fully executed commercial cannabis permit pursuant to Chapter 7.90 of the Monterey County Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

5.

The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by the Monterey County Code and state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or licenses in good standing with the County or state shall be grounds for the suspension or revocation of an administrative permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

6.

The testing facilities and related activities shall be maintained in accordance with the operating plans approved by the County.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5300, §§ 8, 9, 3-20-2018; Ord. No. 5306, §§ 37—39, 11-6-2018)

A.

Applicability. Except as provided in Section 21.67.090, cannabis distribution facilities (requiring a Type 11 state license) may be permitted in the Heavy Commercial (HC), Light Industrial (LI), Heavy Industrial (HI), and Agricultural Industrial (AI) zoning districts subject to an administrative permit in each case. Cannabis distribution facilities shall be subject to all of the requirements contained in this Section.

B.

Regulations. Cannabis distribution facilities shall comply with all of the following requirements.

1.

Cannabis distribution facilities shall be located only in zoning districts that specifically provide for this use.

2.

Cannabis distribution facilities shall not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority. The distance specified in this Section shall be measured from property line to property line, except for playgrounds, which will be measured from the boundary of the playground facility.

3.

Cannabis and cannabis products shall only be transported between permitted and licensed commercial cannabis operations.

4.

Prior to transporting cannabis or cannabis products, the distributor shall complete an electronic shipping manifest. The shipping manifest shall include the unique identifier information from the cultivation source.

5.

A physical copy of the shipping manifest shall be maintained during transportation and shall be made available upon request to law enforcement or any agents of the state or County charged with enforcement of this Chapter.

6.

Distribution facilities shall maintain appropriate records of transactions and shipping manifests. An organized and clean method of storing and transporting cannabis and cannabis products shall be provided to maintain a clear chain of custody.

7.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. Security measures at distribution facilities shall include, but are not limited to, the following:

a.

Prevent individuals from loitering on the premises of the distribution facility if they are not engaging in activity expressly related to the operations of the distribution facility;

b.

Store all cannabis and cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;

c.

Install security cameras on site; and

d.

Provide for on-site security personnel meeting the requirements and standards contained within Chapter 7.30 of the Monterey County Code. On-site security shall not use or possess firearms or other lethal weapons.

8.

Distributors shall ensure that appropriate samples of cannabis or cannabis products are tested by a licensed testing facility prior to distribution.

9.

Prior to distribution, the distributor shall inspect cannabis or cannabis products for quality assurance.

10.

Cannabis and cannabis products shall be packaged and labeled in accordance with the requirements of state law.

11.

Alternative fuel vehicles shall be provided as part of a cannabis transportation fleet.

12.

The driver of a vehicle transporting cannabis and cannabis products shall be directly employed by persons holding all required permits, licenses, and entitlements for a cannabis distributor.

C.

Required Findings. An administrative permit for a cannabis distribution facility shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

1.

The distribution facility, as proposed, will comply with all of the requirements of the state and County for the cannabis distribution.

2.

The distribution facility will not be located within a six hundred (600) foot radius of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of permits by the Appropriate Authority.

3.

The cannabis distribution facility as approved and conditioned, will not result in significant unavoidable impacts on the environment.

4.

Plans for the distribution facility demonstrate proper protocols and procedures that address the federal enforcement priorities for cannabis activities including providing restrictions on access to minors, prohibiting use or possession of firearms for security purposes at the premises, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the state.

D.

Required Conditions. In addition to any other conditions and mitigation measures required by the Appropriate Authority, all of the following conditions shall apply to all permits for a cannabis distribution facility:

1.

The owner and permittees of a distribution facility shall allow access to the facility and access to records if requested by the County, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the County or its officers to verify compliance with all relevant rules, regulations, and conditions.

2.

The applicant, owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the County or their designee.

3.

The applicant for a distribution facility and the owner shall indemnify, defend, and hold the County harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

4.

Any person operating a cannabis distribution facility shall obtain a valid and fully executed commercial cannabis permit pursuant to Chapter 7.90 of the Monterey County Code prior to commencing operations and must such permit in good standing in order to continue operations.

5.

The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with permits and licenses required by the Monterey County Code and state law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or licenses in good standing with the County or state shall be grounds for the suspension or revocation of an administrative permit pursuant to Sections 21.67.110 and 21.67.120 of this Chapter.

6.

The distribution facilities and activities shall be maintained in accordance with the operating plans approved by the County.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5300, §§ 10, 11, 3-20-2018; Ord. No. 5306, §§ 40—42, 11-6-2018)

All of the following cannabis activities are exempt from the administrative permit requirements of this Chapter in all zoning districts:

A.

Possession, storage, manufacturing, or transportation of medicinal cannabis, or cultivation of up to one hundred (100) square feet total canopy area of medicinal cannabis by a qualified patient, as that term is defined in Section 11362.7 of the California Health and Safety Code, provided the qualified patient, possesses, stores, manufactures, transports, or cultivates cannabis exclusively for his or her personal medical use, and does not provide, donate, sell, or distribute cannabis to any other person. Qualified patients shall, upon request, provide appropriate documentation to law enforcement demonstrating that they have a valid doctor's recommendation to use cannabis for medicinal purposes.

B.

Possession, storage, manufacturing, transportation of medicinal cannabis, or cultivation of up to one hundred (100) square feet of canopy area of medicinal cannabis by a primary caregiver on behalf of a qualified patient, within the meaning of Section 11362.7 of the California Health and Safety Code, provided the primary caregiver does not receive remuneration for these activities except for compensation in full compliance with Section 11362.765(c) of the California Health and Safety Code. Primary caregivers shall, upon request, provide appropriate documentation to law enforcement demonstrating that they are a primary caregiver for a qualified patient.

C.

Possession, processing, storage, transportation, or donation of not more than 28.5 grams of cannabis or not more than eight (8) grams of concentrated cannabis to persons twenty-one (21) years of age or older by persons twenty-one (21) years of age or older.

D.

The cultivation of up to six (6) cannabis plants by persons twenty-one (21) years of age or older as allowed pursuant to Section 11362.1(a) of the California Health and Safety Code.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5306, § 43, 11-6-2018)

All applications for a permit for a commercial cannabis activity under this Chapter shall be filed with the Resource Management Agency on the form and in the manner prescribed by the Director of the Resource Management Agency or the Chief of Planning, or his or her designee. In all cases the application shall contain, without limitation, the following documentation:

A.

Notarized, written authorization from all persons and entities having a right, title or interest in the property that is the subject of the application consenting to the application and the operation of the proposed commercial cannabis activity on the subject property.

B.

The name and address of all persons and entities responsible for the operation of the commercial cannabis activity, including managers, corporate officers, any individual with an ownership interest, any member of a board of directors, any general or limited partner, and/or any member of a decision-making body for the commercial cannabis activity.

C.

Site plans, floor plans, conceptual improvement plans, and a general description of the nature, size, and type of commercial cannabis activity(ies) being requested.

D.

An operations plan including at a minimum, the following information:

1.

Onsite security measures both physical and operational and, if applicable, security measures for the delivery of cannabis associated with the commercial cannabis business;

2.

Standard operating procedures manual detailing how operations will comply with State and local regulations; how safety and quality of products will be ensured; record keeping procedures for financing, testing, and adverse effect recording; and product recall procedures;

3.

Proposed hours of operation;

4.

Waste disposal information;

5.

A water management plan including the proposed water supply and proposed conservation measures;

6.

Medical recommendation verification when applicable and youth access restriction procedures;

7.

Product supply chain including information on where cultivation occurs, where the product is processed or manufactured, any required testing of cannabis or cannabis products, transportation, and packaging and labeling criteria;

8.

Record keeping policy;

9.

Track and trace measures;

10.

Sustainability measures including water efficiency measures, energy efficiency measures, high efficiency mechanical systems, and alternative fuel transportation methods;

11.

Odor prevention devices;

12.

Size, height, colors, and design of any proposed signage at the site;

13.

Parking plan; and

14.

Such other information as the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may require.

E.

Additional Application Requirements: Based on the type of commercial cannabis activities proposed, the following additional information may be required by the Director of the Resource Management Agency or the Chief of Planning, or his or her designee:

1.

Cannabis Retailer: In reviewing an application for an administrative or use permit to dispense cannabis or cannabis products, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may request operational plans detailing how operations will comply with federal enforcement priorities.

2.

Cannabis Cultivation: In reviewing an application for an administrative permit to cultivate cannabis, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may request the following additional information:

a.

Water conservation measures;

b.

Projected energy demand and proposed renewable energy generation facilities;

c.

Unique identifier, inventory, and quality control procedures; and

d.

A floor plan identifying the location, dimensions, and boundaries of all proposed canopy areas taking into account space needed for ongoing care of plants and a description of the proposed method of physically delineating those boundaries at the site.

3.

Cannabis Manufacturing: In reviewing an application for an administrative permit to operate a cannabis manufacturing facility, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may request the following additional information:

a.

Information on products used in the manufacturing process including the cannabis supply chain, liquids, solvents, agents, and processes. Cannabis shall be obtained from a licensed cultivator or licensed distributor operating in compliance with all local and state laws;

b.

Storage protocol and hazard response plan;

c.

Quality control measures; and

d.

Any other information requested by the Director of the Resource Management Agency or the Chief of Planning, or his or her designee.

4.

Cannabis testing facilities: In reviewing an application for an administrative permit to operate a cannabis testing facility, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may request the following additional information:

a.

An operations plan detailing how cannabis will be received, secured, tested, and destroyed upon completion;

b.

Certificate of accreditation from an approved accrediting body;

c.

Proposed procedures for record keeping including chain of custody control and certificate issuance; and

d.

Any other information requested by the Director of the Resource Management Agency or the Chief of Planning, or his or her designee.

5.

Cannabis transportation and distribution facility: In reviewing an application for an administrative permit to operate a cannabis transportation and/or distribution facility, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may request any following additional information:

a.

An operations plan detailing how, and from where, cannabis and cannabis products will be received, how any storage, distribution, and transportation operations will be secured to prevent theft and trespass, and to whom the product will be distributed;

b.

Quality control inspections and requirements plan;

c.

Truck parking and loading areas;

d.

Storage and handling plans; and

e.

Any other information requested by the Director of the Resource Management Agency or the Chief of Planning, or his or her designee.

F.

All required application materials shall be prepared by the applicant and submitted at the time of application.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5306, § 44, 11-6-2018)

Any of the following shall be grounds for suspension or revocation of a use permit, or administrative permit granted for a commercial cannabis activity based on substantial evidence and following notice and public hearing pursuant to Section 21.67.120:

A.

Failure to comply with one or more of the conditions of the use permit or administrative permit;

B.

The use permit or administrative permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant;

C.

Any act or omission by an owner or permittee in contravention of the provisions of this Chapter;

D.

Any act or omission by an owner or permittee that results in the denial, revocation or suspension of the owner's or permittee's State License;

E.

Any act or omission that results in the revocation of that owner's or permittee's commercial cannabis permit under Chapter 7.90 of the Monterey County Code;

F.

Any act or omission by an owner or permittee in contravention of State law or the Monterey County Code;

G.

An owner's or permittee's failure to take appropriate action to evict or otherwise remove persons conducting commercial cannabis activities who do not maintain the necessary permits or licenses in good standing with the County or State;

H.

Possession or delivery of any other form of illegal drugs without proper legal authorization; or

I.

Conduct of the commercial cannabis activities in a manner that constitutes a nuisance, where the owner or permittee has failed to comply with reasonable conditions to abate the nuisance.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5306, § 45, 11-6-2018)

A.

If the Director of the Resource Management Agency or the Chief of Planning, or his or her designee determines that grounds for suspension or revocation of the use permit or administrative permit exist pursuant to section 21.67.110, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee shall issue a written Notice of Intention to revoke or suspend the use permit or administrative permit, as the case may be. The Notice of Intention shall be served on the owner, as reported on the latest equalized assessment roll, and shall also be served on permittees on the property, as reported on the commercial cannabis permits issued pursuant to Chapter 7.90. The Notice of Intention shall be served by either personal delivery or by certified U.S. Mail, postage prepaid, return receipt requested. The Notice of Intention shall describe the property, the intention to revoke or suspend the use permit or administrative permit, the grounds for revocation or suspension, the action necessary to abate the violation, the time limit for compliance, and the right to a hearing. The Notice of Intention shall notify the owner and permittees of the opportunity to request a hearing before a Hearing Officer to present evidence as to why the use permit or administrative permit should not be suspended or revoked and shall notify them of the 10-day deadline to submit a written request for a hearing.

B.

The owner and permittees shall have ten (10) calendar days from the service of the Notice of Intention to submit a written request for a hearing before the Hearing Officer. Failure to submit the written request for a hearing shall be deemed a waiver of the right to challenge the suspension or revocation of the use permit or administrative permit and a failure to exhaust administrative remedies. If the hearing is not timely requested, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee may suspend or revoke the use permit or administrative permit in accordance with the Notice of Intention.

C.

Upon receipt of a timely written request for a hearing, the Director of the Resource Management Agency or the Chief of Planning, or his or her designee shall set a date for a hearing to be held within sixty (60) days of receipt of the request, unless an immediate threat to the public health, safety and welfare necessitates an earlier hearing date. Notice of the hearing, including the time, date, and location of the hearing, shall be served on the owner and permittees, such service to be accomplished by either personal delivery or by certified U.S. Mail, postage prepaid, return receipt requested.

D.

Hearing by the Hearing Officer:

1.

The Hearing Officer is authorized to conduct hearings, issue subpoenas, receive evidence, administer oaths, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and render decisions on the suspension or revocation of the use permit or administrative permit.

2.

In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the Hearing Officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations and to certify to official acts.

3.

All parties to the hearing shall have the opportunity to testify, introduce exhibits, call and examine witnesses, and cross examine opposing witnesses on any matter relevant to the issues.

4.

The Hearing Officer may postpone the hearing date upon good cause shown, continue the hearing during the course of the hearing, and make such other procedural orders and rulings as he or she deems appropriate during the course of the hearing.

5.

Within thirty (30) calendar days after the close of the hearing, the Hearing Officer shall issue a written decision, including a statement of the basis for the decision. The Hearing Officer's written decision shall constitute the final administrative decision of the County.

E.

In the event a civil action is initiated to obtain enforcement of the decision of the Hearing Officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the County's total costs of enforcement, including reasonable attorney fees.

F.

If neither owner nor any permittee nor their authorized representatives appear at the noticed hearing, such failure to appear shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies.

(Ord. No. 5292, § 16, 12-5-2017; Ord. No. 5306, §§ 46—48, 11-6-2018)

The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

A.

It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental state is required to establish a violation.

B.

Any condition caused or allowed to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and shall, at the discretion of County, create a cause of action for penalty pursuant to Chapters 1.20 and 1.22 of this Code, and any other action authorized by law.

C.

Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Monterey County Code or otherwise authorized by law. Additionally, as a public nuisance, any violation of this Chapter shall be subject to injunctive relief, disgorgement of any payment to the County of any and all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation, attorney fees, restitution, and any other relief or remedy available at law or in equity. The County, including the Office of the District Attorney and the Office of the County Counsel, may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis activity or persons related thereto, or associated with, the commercial cannabis activity.

(Ord. No. 5292, § 16, 12-5-2017)

This Chapter became operative on December 13, 2016, upon adoption by County voters of a County tax on commercial cannabis activity (codified at Chapter 7.100 of the Monterey County Code) and certification of the results of the vote on the tax pursuant to Section 15372 of the California Elections Code.

(Ord. No. 5292, § 16, 12-5-2017)