The purpose of this chapter is to regulate personal marijuana uses, and to prohibit commercial marijuana uses, whether for medical or nonmedical purposes. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

(Ord. No. 1388, Exh. A, § 1, 7-25-17)

For purposes of this chapter, the following definitions shall apply. Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

"Commercial marijuana activity" means the cultivation, manufacture, laboratory testing, labeling, distribution, transport, storing, delivery, dispensing, or sale of marijuana, marijuana accessories, or marijuana products, whether for profit or not, and whether for medical or nonmedical purposes.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana for personal cultivation except as provided in Section 17.10.050.

"Delivery" means the commercial transfer of marijuana or marijuana products to a consumer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

"Distribution" means the procurement, sale, and transport of marijuana or marijuana products between entities licensed pursuant to Division 8, Chapter 3.5, or Division 10 of the California Business and Professions Code.

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

"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" does not include:

1.

Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or

2.

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

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

"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 cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

"Person" includes 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, and the plural as well as the singular.

"Personal use" of marijuana, marijuana accessories, or marijuana products is limited to those activities expressly permitted under state law pursuant to Section 11362.1 of the California Health and Safety Code, as that section may be amended from time to time.

"Private residence" means a house, apartment unit, mobile home, or other similar dwelling.

(Ord. No. 1388, Exh. A, § 1, 7-25-17)

No person may engage in commercial marijuana activity in any zone or specific plan throughout the city of Sierra Madre. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment, maintenance, or operation of any commercial marijuana activity within the city limits of the city of Sierra Madre. This prohibition expressly applies to, but is not limited to, the delivery of marijuana within the city, regardless of any license a person may possess to deliver marijuana outside the city.

(Ord. No. 1388, Exh. A, § 1, 7-25-17)

Any use, possession, purchase, transport, or dissemination of marijuana, marijuana accessories, or marijuana products is unlawful in all areas of the city to the extent it is unlawful under California law.

(Ord. No. 1388, Exh. A, § 1, 7-25-17)

A.

No person may cultivate commercial marijuana in any zone or specific plan throughout the city of Sierra Madre for any purpose. No permit or any other applicable license, including but not limited to the issuance of a business license, shall be approved or issued for the commercial cultivation of marijuana within the city limits of the city of Sierra Madre.

B.

The indoor cultivation of marijuana is generally prohibited in all zones and specific plans throughout the city of Sierra Madre. No permit or any other applicable license, including but not limited to the issuance of a business license, shall be approved or issued for the indoor cultivation of marijuana. Notwithstanding the foregoing, any person at least twenty-one years of age may cultivate marijuana inside his or her private residence or inside a fully enclosed and secure accessory structure on the grounds of that private residence for personal use under the following restrictions:

1.

Indoor cultivation for personal use shall not displace any required on-site parking, and it shall not be visible or detectible by the olfactory senses from the public right-of-way or other private property.

2.

No person may utilize lighting that exceeds one thousand two hundred watts, employ an electric generator, or use gas products, including but not limited to carbon dioxide and butane, while cultivating marijuana indoors.

C.

The outdoor cultivation of marijuana is prohibited in all zones and specific plans throughout the city of Sierra Madre. No permit or any other applicable license, including but not limited to the issuance of a business license, shall be approved or issued for the outdoor cultivation of marijuana.

D.

Nothing in this section shall limit the right of an owner of a private residence to restrict the cultivation of marijuana within that residence, or on the grounds thereof, by tenants, licensees, or any other person with lawful access to that private residence.

E.

At any one time at any given private residence, the total cultivation permitted by this section shall not exceed six living marijuana plants.

(Ord. No. 1388, Exh. A, § 1, 7-25-17)

Any condition caused or permitted to exist in violation of the provisions of this chapter is a public nuisance subject to administrative citations or abatement as provided in this code or under California law. In addition, every act prohibited or declared unlawful by this chapter, and every failure to perform an act made mandatory by this chapter, except conduct protected from criminal liability pursuant to the Compassionate Use Act (Cal. Health and Safety Code, Section 11362.5) or the Medical Marijuana Program (Cal. Health and Safety Code, Section 11362.7 et seq.), shall be subject to criminal prosecution as a misdemeanor or infraction at the discretion of the city attorney or district attorney.

(Ord. No. 1388, Exh. A, § 1, 7-25-17)