A.

In order to preserve the public health, safety, and welfare of the residents and businesses of the city, all marijuana-related businesses, activities and uses are prohibited in the city, unless local control is otherwise preempted by state law, and except as provided for by Chapter 9.53 ("Personal Marijuana Cultivation").

B.

This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in Section 11362.5 of the Health and Safety Code.

C.

The city affirms that Title 18 ("Zoning") of the Rialto Municipal Code is structured as a permissive zoning code, consistent with Rialto Municipal Code Section 18.02.030 which provides that "[a]ny use that is not permitted expressly by any provisions of this title shall be prohibited," and the prohibitions on commercial marijuana activities imposed by this Chapter 18.115 are enacted to fully comply with requirements of state law when a city desires to prohibit commercial marijuana activities.

(Ord. No. 1594, § 4, 11-28-17)

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

"Cannabis" has the same definition as "marijuana" provided in this chapter.

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in Chapter 9.53 ("Personal Cultivation of Marijuana") of this code.

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

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer, and includes the use of any technology platform owned and controlled by the same person making such use.

"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed for and/or engaged in commercial marijuana activities.

"Distributor" means a person engaged in distribution.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

"Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container.

"Marijuana" has the same definition as provided in Section 26001 of the Business and Professions Code for the term "cannabis," and as may be amended, defined as "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" 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."

"Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including but not limited to, concentrated marijuana, or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.

"Medical marijuana" or "medical marijuana product" means marijuana or a marijuana product used for medical purposes in accordance with state law, including the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code §§ 11362.7, et seq.).

"Microbusiness" shall have the same definition as provided for in Section 26070 of the Business and Professions Code, and as may be amended from time to time.

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

"Person" means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

"Retailer" shall mean a person engaged in the retail sale and delivery of marijuana or marijuana products to customers.

"Testing laboratory" means a laboratory, facility, or entity that offers or performs tests on marijuana or marijuana products.

(Ord. No. 1594, § 4, 11-28-17)

A.

All commercial marijuana activities, whether medical or recreational (adult use) and including non-profit operations, are expressly prohibited in all zones (except for as preempted by state law). No person shall establish, operate, conduct, or allow commercial marijuana activities anywhere within the city except for as preempted by state law.

B.

The city shall not issue any permit, license, or entitlement for any commercial marijuana activity (except for as preempted by state law), including, but not limited to, any activity covered by the state license classifications listed below as provided for in Section 26050 of the Business and Professions Code:

1.

Type 1 = Cultivation; specialty outdoor; small.

2.

Type 1A = Cultivation; specialty indoor; small.

3.

Type 1B = Cultivation; specialty mixed-light; small.

4.

Type 1C = Cultivation; specialty cottage; small.

5.

Type 2 = Cultivation; outdoor; small.

6.

Type 2A = Cultivation; indoor; small.

7.

Type 2B = Cultivation; mixed-light; small.

8.

Type 3 = Cultivation; outdoor; medium.

9.

Type 3A = Cultivation; indoor; medium.

10.

Type 3B = Cultivation; mixed-light; medium.

11.

Type 4 = Cultivation; nursery.

12.

Type 5 = Cultivation; outdoor; large.

13.

Type 5A= Cultivation; indoor; large.

14.

Type 5B = Cultivation; mixed-light; large.

15.

Type 6 = Manufacturer 1.

16.

Type 7 = Manufacturer 2.

17.

Type 8 = Testing laboratory.

18.

Type 10 = Retailer.

19.

Type 11 = Distributer.

20.

Type 12 = Microbusiness.

C.

This prohibition includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of medical or recreational (adult use) marijuana commercial activities, or similar operations, including non-profit, collective or cooperative operations.

D.

The prohibition provided by this section includes medical marijuana collectives and cooperatives that operate pursuant to Section 11362.775 of the Health and Safety Code, the Compassionate Use Act, or otherwise.

(Ord. No. 1594, § 4, 11-28-17)

A.

Any violation of this chapter is punishable pursuant to Chapters 1.10 and 1.16 of this code, except for as preempted by state law.

B.

Public Nuisance Abatement.

1.

Any commercial marijuana activity that is conducted in violation of any provisions of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 18.72 of this code as reasonably applied to the enforcement of this chapter.

2.

All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance, including the property owner where the nuisance is occurring.

3.

Any appeal to a determination that commercial marijuana activity constitutes a public nuisance shall be pursuant to the appeal provisions in Chapter 18.72 of this code.

C.

The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

(Ord. No. 1594, § 4, 11-28-17)