The council finds as follows:

A.

Purpose. The purpose and intent of this chapter is to prohibit all commercial marijuana activities, all outdoor marijuana cultivation, and reasonably regulate the indoor cultivation of marijuana for personal use within the city of Rocklin in a manner that protects the health, safety and welfare of the community.

B.

Applicability. No part of this chapter shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. § 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.

(Ord. No. 1099, § 5, 6-26-2018)

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

A.

"Accessory structure" means a structure which is clearly incidental and secondary to the principal structure and is significantly smaller in area than the principle structure and does not change the character of the principal structure or the principal use of the primary structure. An accessory structure must be a fully enclosed and secure structure.

B.

"Adult-use cannabis" and "adult-use cannabis" products shall have the meaning as set forth and regulated in the Medicinal and Adult-Use Cannabis Regulations and Safety Act ("MAUCRSA") codified in Business and Professions Code section 26000 et seq., as may be amended from time to time.

C.

"Authorized grower" means a person twenty-one years and older who is authorized by, and in compliance with, state law to grow marijuana indoors for personal medical use or personal non-medical use. Authorized grower also means a person eighteen years and older who is a qualified patient, as that term is described in Health and Safety Code section 11362.5.

D.

"Cannabis" or "marijuana," which terms may be used interchangeable, shall have the meaning set forth in Business and Professions Code section 26001(f), as may be amended from time to time, and includes "cannabis products" as defined by Business and Professions Code section 26001(i). The term "marijuana" shall also include "medical marijuana" as defined in California Health and Safety Code section 11362.5 and "medical cannabis," and "medical cannabis product" as defined in California Business and Professions Code section 26001(ai).

E.

"Commercial cannabis activity" shall have the meaning set forth in Business and Professions Code section 26001(k), as may be amended from time to time, and includes the following commercial activities, whether for medicinal and adult-use purposes, cultivation, possession, manufacture, processing, storing, laboratory testing, grading, marketing, packaging, labeling, transportation, distribution, dispensary, including a medical marijuana dispensary, delivery, or sale of marijuana and marijuana products, whether or not by a person, business, or entity, for-profit or non-profit, and whether or not conducted with a license issued in accordance with Division 10 of the Business and Professions Code (section 26000 et seq.).

F.

"Cultivation" shall have the meaning set forth in Business and Professions Code section 26001(l), as may be amended from time to time, and includes the planting, growing, harvesting, drying, curing, grading, trimming, processing, or storage of any marijuana plants or any part thereof for either medicinal or adult use.

G.

"Delivery" shall have the meaning set forth in Business and Professions Code section 26001(p), as may be amended from time to time, and means the commercial delivery, transfer or transport, of cannabis or cannabis product to a customer, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport, of medical marijuana, adult-use cannabis, all cannabis edibles, and/or any and all cannabis products from any location within the jurisdictional limits of the city of Rocklin.

H.

"Enforcement official" means the economic and community development director, chief of police, or city of Rocklin Code Enforcement Officer, or his or her designee respectively.

I.

"Fully enclosed and secure structure" means a space within a building that complies with the California Building Code ("CBSC"), as adopted in the city of Rocklin, or if exempt from the permit requirements of the CBSC, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. In order to qualify as a fully enclosed and secure structure, the walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products are not considered solid materials.

J.

"Indoor" means within a fully enclosed and secure structure.

K.

"Medical cannabis" or "medicinal cannabis product" shall have the meaning set forth in Business and Professions Code section 26001(ai), as may be amended from time to time, and includes cannabis or 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 Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

L.

"Medical marijuana dispensary" or "dispensary" means any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, 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, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.

M.

"Outdoor" means any location within the city of Rocklin that is not within a fully enclosed and secure structure.

N.

"Parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (section 66410, et seq. of the Government Code).

O.

"Primary caregiver" means a "primary caregiver" as defined in section 11362.7(d) of the Health and Safety Code.

P.

"Residential structure" means any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a parcel located within a residential zoning district.

(Ord. No. 1099, § 5, 6-26-2018; Ord. No. 1107, §§ 3, 4, 10-23-2018)

Commercial cannabis activity by any person or entity is prohibited in all zones within the city of Rocklin. Any commercial cannabis activity that takes place within the city of Rocklin is hereby declared to be unlawful, a public nuisance and a violation of this chapter.

(Ord. No. 1099, § 5, 6-26-2018)

The outdoor cultivation of marijuana is prohibited in all zones within the city of Rocklin. It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Rocklin to cause or allow such parcel to be used for the outdoor cultivation of marijuana.

(Ord. No. 1099, § 5, 6-26-2018)

The indoor cultivation of no more than six marijuana plants shall be allowed for personal, non-commercial use when authorized by state law subject to the following regulations:

A.

Locations Permitted. Cultivation of marijuana is prohibited in all zones except residential zones.

B.

Minimum Standards. The indoor cultivation of non-commercial marijuana in a residential zone shall only be conducted within a private residential structure or accessory structure which is a fully enclosed and secure structure conforming to the following minimum standards:

1.

No more than six marijuana plants on a parcel.

2.

Marijuana cultivation lighting shall not exceed one thousand two hundred watts and shall comply with the California Building, Electrical and Fire Codes as adopted by the city, including the applicable ventilation or air filtration requirements.

3.

The use of gas products, including, without limitation, CO ² , butane, propane, and natural gas, or generators for marijuana cultivation or processing is prohibited.

4.

There shall be no evidence of marijuana cultivation outside the residence, or outside the accessory structure, from the public right-of-way, including, but not limited to, any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

5.

The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

6.

The authorized grower shall not participate in marijuana cultivation in any other residential location within the city of Rocklin.

7.

The residence shall maintain fully functional and usable kitchen, bathrooms, and primary bedrooms for their intended use by the resident authorized grower, and not be used primarily and exclusively for marijuana cultivation.

8.

Any fully enclosed and secure structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the residential structure, the accessory structure, or the residential unit, and that shall comply with the building regulations of the city of Rocklin Municipal Code.

9.

Nothing in this chapter shall prohibit an owner of a residential structure, or its accessory structure, from prohibiting the growing of marijuana on his or her property.

10.

The area in which marijuana is cultivated within a residential structure or accessory structure shall be set back a minimum of five feet from all property lines.

(Ord. No. 1099, § 5, 6-26-2018)

It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Rocklin to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana, and such authorized grower is complying with all requirements of this chapter.

(Ord. No. 1099, § 5, 6-26-2018)

A.

Any person or entity that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any person or entity commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.

B.

Any violation of this chapter is punishable as a misdemeanor.

C.

A violation of this chapter is subject to administrative citation and fine pursuant to Chapter 1.14. Notwithstanding Section 1.14.024, the administrative citation amount for violating any provision of this chapter shall be one thousand dollars for each violation.

D.

It is unlawful and a public nuisance to violate any of the provision of this chapter and may be enforced and/or abated pursuant to Chapter 1.16 of this Municipal Code and/or under state law.

E.

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. No. 1099, § 5, 6-26-2018)

The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Rocklin Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Rocklin Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this chapter or to abate a public nuisance.

(Ord. No. 1099, § 5, 6-26-2018)