The purpose of this chapter is to expressly prohibit the establishment of commercial cannabis uses in the City. The City Council finds that prohibitions on commercial cannabis activity are necessary for the preservation and protection of the public health, safety and welfare of the City. The prohibition of such uses is within the authority conferred upon the City Council by State law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the City. This chapter is also intended to apply reasonable regulations to personal indoor cultivation as authorized under State law and to allow delivery of medical marijuana to individuals in the city that may be unable to travel to locations outside the city to obtain the marijuana. Nothing in this chapter shall be interpreted to conflict with State law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the MAUCRSA, as may be amended.

(Ord. No. 355, § 8, 10-23-2017)

As used in this chapter:

"Cannabis," or "marijuana," shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis/marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis/marijuana" also includes cannabis that is used for medical, non-medical, or other purposes. However, "cannabis/marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis/marijuana" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5.

"Cannabis accessories" means any equipment, products or materials of any kind which are intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

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

"Commercial cannabis activity" means cultivation, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses.

"Concentrated cannabis" means manufactured 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.

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

"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. The term "delivery" does not include the distribution of cannabis from a mobile marijuana dispensary.

"Detached accessory structure" shall mean a building completely detached from a residence that complies with the California Building Code and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.

"Director" means the Planning Director or his/her designee.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.

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

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

"Mobile marijuana dispensaries" means any dispensary, cooperative, association, club, business, collective, operator, or provider that does not have a fixed storefront and which operates solely as a mobile retail outlet which transports or delivers, or arranges the transportation or delivery, of cannabis to a person.

"Person" means any 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 the plural as well as the singular.

"Personal marijuana cultivation" means cultivation of six or fewer live cannabis plants within a single private residence or fully enclosed accessory structure in accordance with Health and Safety Code section 11362.2.

"Primary caregiver" shall have the same definition as Health and Safety Code section 11362.7, as may be amended and which means a person who takes care of a qualified patient, as defined below.

"Private residence" means a house or other similar dwelling that is lawfully used as a residence.

"Qualified patient" shall have the same definition as Health and Safety Code section 11362.7, as may be amended, and which means a person who is entitled to the protections of Health and Safety Code section 11362.5. For the purposes of this article, qualified patient shall include a person with an identification card, as that term is defined by Health and Safety Code section 11362.7 et seq.

(Ord. No. 355, § 8, 10-23-2017)

A.

Commercial cannabis activity, whether or not for profit, is prohibited in all zones, specific plan areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City.

B.

A property owner shall not rent, lease, or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

C.

Subsection (A), above, shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time. The City shall also not issue any local license for any activity for which a State license is required under the MAUCRSA to a non-profit entity pursuant to California Business and Professions Code section 26070.5.

D.

To the extent not already prohibited by subsection (A), above, all deliveries of cannabis or cannabis products for non-medicinal purposes, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products for a non-medical purpose, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City. This subsection shall also not prohibit a delivery of cannabis or cannabis products for medicinal purposes as set forth in Section 17.29.040(A).

(Ord. No. 355, § 8, 10-23-2017)

A.

Notwithstanding Section 17.29.030, above, the delivery of medical cannabis to qualified patients with valid identification cards or a verifiable written recommendation from a physician for medical cannabis, and primary caregivers with a valid identification card, is permitted from a dispensary (licensed under the MAUCRSA) with a fixed location operating outside of the City or a primary caregiver cultivating within the boundaries of the City. This exception does not include deliveries made by mobile marijuana dispensaries, as the term is defined in Section 17.29.020.

B.

To the extent that the following activities are permitted by State law, nothing in this chapter shall prohibit a person twenty-one years of age or older from:

1.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

2.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis;

3.

Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and Safety Code section 11362.3;

4.

Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty-one years of age or older without compensation whatsoever; or

5.

Engaging in the personal indoor cultivation of six or fewer live cannabis plants pursuant to the requirements outlined in Section 17.29.050 of this chapter.

C.

Any commercial cannabis activity that the City is required by State law to permit within its jurisdiction shall not be prohibited by the provisions of this chapter.

D.

A qualified patient or primary caregiver, who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use, or the personal use of the caregiver's qualified patient, but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity. Nothing in this chapter shall be interpreted to prohibit a qualified patient or primary caregiver from using, possessing, purchasing, obtaining, cultivating or receiving delivery of cannabis for medicinal purposes as allowed under State law.

(Ord. No. 355, § 8, 10-23-2017)

Non-commercial cultivation of small amounts of marijuana for personal use is only permitted in the Residential Agriculture-Suburban (RA-S) zones when all of the following conditions and standards are met:

A.

Generally.

1.

Property. Personal marijuana cultivation is permitted only on parcels developed with a residential unit. A person engaging in personal marijuana cultivation shall not participate in marijuana cultivation in more than one location within the City. Marijuana cultivation activities may only occur within a residential unit, garage or fully-enclosed lockable detached accessory structure. If in the garage, adequate space shall be provided in the garage for the required number of parking spaces, pursuant to Section 17.16.160(B) of the zoning ordinance. The cultivation area shall be contiguous (all located in one area).

2.

Visibility. There shall be no exterior evidence of or visibility of marijuana cultivation from any street, public easement, designated trail or neighboring property.

3.

Security. Any structure used for personal marijuana cultivation shall be secured with locks to prevent unauthorized entry and/or theft and shall remain secure at all times.

4.

Code Compliance. The personal marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products or waste. The cultivation site shall be in full compliance with the City building code, electrical code, mechanical code, plumbing code, fire code, zoning code and any other applicable requirement found in Title 8, Title 15 and Title 17 of the Rolling Hills Municipal Code.

5.

Number of Plants. Cultivation shall not exceed a total of six living marijuana plants of any size per parcel. The maximum number of plants shall be limited regardless of the number of qualified patients or primary caregivers residing on the property.

6.

Cultivation Area. Marijuana cultivation may only occur within an area totaling no larger than one hundred square feet per parcel.

7.

Electricity Use. The collective draw from all electrical appliances at the personal marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the primary legal residence at the marijuana cultivation site. Gas products (including, without limitation, CO ² , butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana. Any lighting fixture used for indoor marijuana cultivation shall not exceed the rated wattage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the private residence or fully-enclosed detached accessory structure.

8.

Ventilation. Any indoor location used for personal marijuana cultivation must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and shall comply with all applicable building code regulations. Personal marijuana cultivation shall not create humidity or mold within the private residence or fully-enclosed detached accessory structure in violation of Title 8 or 15 of this code.

9.

Residential Structure. The residential unit on the parcel where personal marijuana cultivation occurs shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing. The property where personal marijuana cultivation occurs shall be occupied.

10.

Accessory Structure. A fully-enclosed detached accessory structure, as defined herein, shall be located within the rear yard area of any legal parcel or premises. The structure shall meet the minimum setback requirements and conditions for accessory structures, as set by the City's zoning code and shall be secured as required in [subsection] (A)(3) above. The building official shall consult with the Director in consideration of any building permit application seeking a building permit for the construction or alteration of any detached accessory structure to be used for personal marijuana cultivation.

B.

The City Manager and his/her designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.

(Ord. No. 355, § 8, 10-23-2017)

A.

A violation of this chapter or noncompliance with any of the requirements of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and the Rolling Hills Municipal Code. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to State law shall be made criminal by this chapter.

B.

Any person violating any provision or failing to comply with any of the mandatory requirements of this chapter is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.24 of this code.

(Ord. No. 355, § 8, 10-23-2017)