The purpose and intent of this chapter is to prohibit outdoor cannabis cultivation facilities, medical cannabis facilities, and non-medical cannabis facilities, as defined below, within the town limits, and to prohibit indoor cannabis cultivation and cannabis delivery, with limited exceptions. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with cannabis cultivation facilities and medical and non-medical cannabis facilities and in connection with medical cannabis deliveries, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare.

(Ord. No. 267, § 3, 4-12-2017)

The following definitions shall apply to the provisions of this chapter. Where a definition incorporates a reference to a specific provision of state law, such reference shall be construed to mean that section as it now appears or may hereafter be amended or renumbered. If there is any conflict between such reference and the wording of a definition in this section, the definition provided in state law shall be used:

"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" 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 seeds of the plant that are incapable of germination. For the purposes of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

"Cannabis cultivation facility" means any business, facility, use, establishment, property, or location where the cultivation of cannabis occurs.

"Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of medical cannabis or a medical cannabis product, except as set forth in Section 19319 of the Business and Professions Code, related to qualifying patients and caregivers.

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

"Establish" or "operate" a cannabis cultivation facility, medical or non-medical cannabis facility, or commercial cannabis activity means and includes any of the following:

1.

The owning, opening, operation, commencement or assembly of an operation of a cannabis cultivation facility, medical or non-medical cannabis facility, or commercial cannabis activity;

2.

The conversion of an existing business, facility, use, establishment, or location to a cannabis cultivation facility, medical or non-medical cannabis facility, or commercial cannabis activity;

3.

The addition of a cannabis cultivation facility, medical or non-medical cannabis dispensary, or commercial cannabis activity to any other existing business, facility, use, establishment or location.

"Indoor" means any location that is totally contained within a fully enclosed and secure private residence or accessory building to the private residence.

"Medical cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition listed in subsection (h) of Health and Safety Code Section 11362.7.

"Medical cannabis facility" means any business, use, establishment, property or location, whether fixed or mobile, where medical cannabis is sold, made available, delivered and/or distributed by or to two or more people. A "medical cannabis facility" includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place. A "medical cannabis facility" shall not include the following uses, so long as such uses comply with this Code, Health and Safety Code Section 11362.5 et seq., and other applicable law:

1.

A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2.

A health care facility licensed pursuant to Chapter 2 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 of Division 2 of the Health and Safety Code.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5.

A residential hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

"Non-medical cannabis" means cannabis that is not defined as medical cannabis.

"Non-medical cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code Sections 26000 and following, including but not limited to, cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.

"Outdoor" means any location on a lot other than a location which qualifies as "indoor," as defined herein.

"Primary caregiver" shall have the same meaning as set forth in California Business and Professions Code Section 19300.5(ai).

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

"Qualified patient" means a patient that uses or ingests medical cannabis as that term is defined in California Business and Professions Code Section 19300.5(af) and who is entitled to the protections of California Health and Safety Code Section 11362.5.

(Ord. No. 267, § 3, 4-12-2017)

A.

Medical cannabis facilities are prohibited in all zoning districts in the town and shall not be established or operated anywhere in the town. The town shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical cannabis facility. No person may be the lessor of property within the town where a medical cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical cannabis facility in the town.

B.

Non-medical cannabis facilities are prohibited in all zoning districts in the town and shall not be established or operated anywhere in the town. The town shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a non-medical cannabis facility. No person may be the lessor of property within the town where a non-medical cannabis facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any non-medical cannabis facility in the town.

C.

Outdoor cannabis cultivation facilities and activities are prohibited in all zoning districts in the town and shall not be established or operated anywhere in the town. Except as provided in Section 8.160.050 below, indoor cannabis cultivation facilities are prohibited in all zoning districts in the town and shall not be established or operated anywhere in the town. The town shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of an indoor or outdoor cannabis cultivation facility. No person may be the lessor of property within the town where an indoor or outdoor cannabis cultivation facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any indoor or outdoor cannabis cultivation facility in the town.

D.

Except as otherwise provided herein or by state law, no person and/or entity may deliver or transport cannabis, including medical cannabis, from any fixed or mobile location, either into, within, throughout, or out of the town, or to any person in the town, except as provided in Section 8.160.040 below. This subsection D does not prohibit a qualified patient from transporting his or her own medical cannabis in accordance with the law.

E.

Nothing contained in this section shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. No. 267, § 3, 4-12-2017)

Notwithstanding Section 8.160.030D, a person may deliver or transport medical cannabis to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code Section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code Sections 11362.5 and 11362.7(d).

(Ord. No. 267, § 3, 4-12-2017)

A.

Notwithstanding the prohibition against indoor cultivation facilities set forth in Section 8.160.030 above, a person twenty-one (21) years of age or older may personally engage in the indoor cultivation of up to a cumulative total of six living cannabis plants inside his or her private residence or inside an accessory building to a private residence, located upon the grounds of a private residence, that is fully enclosed and secure, provided that:

1.

Where the person cultivating the cannabis plants is not the owner of the private residence and/or qualifying accessory building used to cultivate those plants, the owner of the residence and/or qualifying accessory building must provide written consent expressly allowing the cannabis cultivation to occur therein, and said written consent remains located on the property and available for inspection by law enforcement personnel at all times;

2.

The person conducting the cannabis cultivation complies with all applicable Building Code requirements;

3.

There is no use of gas products (such as CO2, butane, propane, and natural gas) on the property for the purpose of cannabis cultivation;

4.

Indoor grow lights are limited to one thousand (1,000) watts per bulb;

5.

The cannabis cultivation complies with Health and Safety Code Section 11362.2(a)(3), which provides that no more than six living cannabis plants may be cultivated within a single private residence and accessory building at one time;

6.

The cannabis plants being cultivated are located, supervised, and secured within the private residence and/or qualifying accessory building in such a manner as to reasonably prevent persons under the age of twenty-one (21) from having physical access thereto; and

7.

The indoor cultivation of cannabis permitted by this chapter shall not be seen, heard or smelled from any location exterior to the lot on which the indoor cultivation is being conducted.

B.

Notwithstanding this exception, a person cultivating cannabis may not create or cause a nuisance condition, and the town may abate, in any manner permitted by law, a nuisance condition created or caused by, associated with, or arising from cannabis cultivation by a person.

(Ord. No. 267, § 3, 4-12-2017)

The town may enforce this chapter in any manner permitted by law. The violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the town, create a cause of action for injunctive relief.

(Ord. No. 267, § 3, 4-12-2017)