It is the purpose and intent of this chapter to utilize the city's inherent police power to regulate through land use controls, marijuana related activities in a manner that protects the public health, safety and welfare of the Santa Fe Springs community, without violating CUA and MMPA, and to prevent adverse impacts that such activities and land uses may have on nearby properties and residents, without interfering with the rights of qualified patients and their primary caregivers to possess medical marijuana pursuant to state law.

(Ord. 1068, passed 1-28-16)

In addition to any other definitions contained within the city's Municipal Code, the following words and phrases shall, for the purpose of this chapter, be defined as follows unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the city's Municipal Code, these definitions shall prevail.

Distributor. A person engaged in the purchasing of marijuana from a cultivator, or marijuana products from a manufacturer, for sale to a dispensary, cooperative or collective.

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

Marijuana. Any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff, or any other ingestible or consumable product containing marijuana. "Marijuana" shall also include "medical marijuana" as that term is used in the "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use," issued by the Office of the Attorney General for the State of California (the "Guidelines"), as such Guidelines may be amended from time-to-time, or subject to the provisions of the California Compassion Use Act of 1996, or the California Medical Marijuana Program Act, as either may be amended from time-to-time.

Marijuana Cultivation. The growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

Marijuana Delivery. The transfer of marijuana or its byproducts to or from a dispensary, collective, cooperative, primary caregiver, qualified patient or testing laboratory. "Marijuana delivery" also includes the use by any aforesaid transferor or transferee of any technology platform that enables any such transfer.

Marijuana Dispensaries. Any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective.

Marijuana Processing. Any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale purposes, including but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and/or concentrates.

Marijuana Testing Laboratory. A facility, entity, or site that offers or performs tests of marijuana or marijuana products that is both:

(1)

Accredited by an accrediting body that is independent from all other persons involved in the medical marijuana industry in the state; and

(2)

Registered with the State Department of Public Health.

Marijuana Transporting. The transfer of marijuana or marijuana products from one location to any other location.

Medical Marijuana Cooperative or Collective. Any group that is cooperatively or collectively cultivating and/or distributing marijuana for medical purposes that is organized in the manner set forth in the Guidelines.

Transporter. A person who transports or delivers marijuana or marijuana byproducts.

(Ord. 1068, passed 1-28-16)

Marijuana cultivation/propagation, marijuana processing, marijuana testing laboratory, marijuana product labeling, marijuana storing, marijuana transporting, marijuana delivery, marijuana dispensaries, marijuana sales/barters and marijuana cooperatives or collectives shall be prohibited activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity. Except in the circumstance of such preemption, if any, no use permit, variance, building permit, or any other entitlement, license, or permit, whether ministerial or discretionary, shall be approved or issued for any of the aforesaid prohibited activities anywhere in the city, and no person shall otherwise establish or conduct any such activity in the city. It shall be unlawful for any person or entity to establish, own, operate or manage, or participate as an employee, manufacturer, transporter, distributor, contractor, landlord, property owner, agent, or volunteer, in any of the aforesaid prohibited activities anywhere in the city for any reason including both commercial or non-commercial purposes.

(Ord. 1068, passed 1-28-16)

Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Cal. Code of Civil Procedure § 731 or any other remedy available to the city.

(Ord. 1068, passed 1-28-16)

In addition to any other enforcement permitted in the City of Santa Fe Springs Municipal Code, the City Attorney and/or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party.

(Ord. 1068, passed 1-28-16)

In the event that any activity which is prohibited by this chapter shall be determined to have occurred legally prior to the effective date of this chapter, no such activity shall have any nonconforming rights as may otherwise be provided by this Code. Nothing in this chapter is intended, nor shall it be construed to burden any defense to criminal prosecution under the Compassionate Use Act in 1996 pursuant to Proposition 215 and codified as the Cal. Health and Safety Code § 11362.5.

(Ord. 1068, passed 1-28-16)