"Cannabis" and "marijuana" are used interchangeably and mean any plant of the genus cannabis, as defined by Section 11018 of the Health and Safety Code.

"Cannabis distribution facility" means a building or premises used exclusively for storage, packaging, labeling, and/or as a transportation terminus for cannabis products between entities that are properly licensed.

"Distribution" means the procurement, sale and transport of cannabis and Cannabis products between entities that are property licensed.

"School" means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, or any licensed preschool or child day care facility. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, excluding homeschools.

"Youth-oriented facility" means public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 315-828, § 2, 1-17-18)

A.

Cannabis distribution (requiring Type 11 State licenses) may be allowed in the following zoning districts subject to first obtaining a conditional use permit:

1.

General commercial ("C2").

2.

Heavy commercial ("C3").

3.

Industrial ("I").

4.

Agricultural ("A").

5.

Specific unit development ("SUD"), whose guidelines specifically identify parcels for industrial development.

6.

Agriculture-forest ("AF")

B.

The restrictions under subsection A do not apply to transportation only licenses.

C.

Type 13 transportation only licenses will be allowed within the Trinity County jurisdiction of the Whiskeytown-Shasta-Trinity National Recreation Area and within the lease lots within the Ruth Lake Community Services District, although no cannabis distribution facilities will be allowed in these areas.

(Ord. No. 315-828, § 2, 1-17-18; Ord. No. 315-834, § 1, 6-19-18)

Cannabis distribution shall comply with all of the following regulations:

A.

Cannabis distribution facilities shall be located only in zoning districts identified in Section 17.43B.020(A) in this chapter as allowable zoning districts for cannabis distribution facilities.

B.

Cannabis distribution facilities shall not be allowed within one thousand feet of a youth-oriented facility, school, church, or residential treatment facility as defined herein or within five hundred feet of an authorized school bus stop, unless a variance is obtained.

C.

All cannabis distributors shall ensure that cannabis is obtained from licensed cultivation sources and shall implement best practices to ensure that all cannabis products are properly stored, labeled, transported and tested prior to distribution at a legally permitted and licensed retail facility.

1.

A transportation only license is also available from Trinity County, which will allow the transportation of cannabis products within the State of California for distribution to licensed distributors and manufacturers.

D.

Security plan shall be developed which is compliant with state requirements and submitted with an application and must be sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. The security plan shall be approved by the board of supervisors, or its designee.

E.

A site operations plan shall be submitted with the application for a conditional use permit.

F.

Any license holder of a distribution license shall not have been convicted of serious felony or Schedule I, II or III felony, excluding a non-serious felony conviction for sale, transportation or cultivation of cannabis except if the conviction is on public lands. Applicants will have to declare this under penalty of perjury on one of the application forms.

G.

Cannabis and cannabis products shall only be transported between licensed commercial operations in good standing with the county and the state.

H.

Distributors shall ensure that appropriate samples of cannabis or cannabis products are tested by a state- and/or county-licensed testing facility prior to distribution.

I.

Prior to distribution to retailers, the distributor shall receive a certificate of analysis stating that test samples meet specifications required by law.

J.

Cannabis and cannabis products shall be packaged and labeled in accordance with the requirements of state law.

K.

Overnight storage of cannabis and cannabis product is not allowed in any vehicles within the county unless secured in a licensed distribution facility.

(Ord. No. 315-828, § 2, 1-17-18)

The requirements in this chapter are in addition to those requirements stated in Chapter 17.43G of this code.

(Ord. No. 315-849, § 3, 12-28-2020)

A conditional use permit for cannabis distribution shall not be granted by the trinity county planning department unless all of the following findings are made based on substantial evidence:

A.

The distribution, as approved and conditioned will not result in significant unavoidable impacts on the environment.

B.

The distribution includes adequate quality control measures to ensure cannabis distributed at the site meets state standards for a regulatory market.

C.

The distribution operations plan includes adequate measures that address the federal enforcement priorities for cannabis activities.

(Ord. No. 315-828, § 2, 1-17-18)

In addition to conditions and mitigation measures that may be included in the conditional use permit for a distribution facility, the following conditions shall be met:

A.

The distributor shall allow access to the facility and any vehicles utilized in transportation, and access to records if requested by the county, its officers, or agents, and shall allow inspections from the county or its officers to verify compliance with all relevant rules, regulations and conditions.

B.

The applicant for the distribution facility and the property owner shall indemnify, defend, and hold the county harmless from any and all claims and proceedings relating to the approval of the license or relating to any damage to property or persons stemming from the commercial cannabis activity.

C.

Any person operating a cannabis distribution facility shall obtain a valid and fully executed commercial cannabis distribution license or provisional license from the state prior to commencing operations, and must maintain such license in good standing in order to continue operations.

D.

The property owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with permits and licenses required by Trinity County Code and state law. Failure to take appropriate action to evict or otherwise remove licensees who do not maintain permits or licenses in good standing with the county or state shall be grounds for the suspension or revocation of a conditional use permit pursuant to this chapter.

E.

The distribution facility and activities shall be maintained in accordance with the operating plan associated with the conditional use permit and approved by the county.

F.

Any person who is not the legal owner of a parcel for which they are obtaining a conditional use permit to operate a cannabis distribution facility shall provide written and notarized authorization from the legal owner of the parcel prior to commencing activities included in the conditional use permit on such parcel.

G.

The cannabis distribution program fee is due annually on March 1st and is set at:

1.

Type 11: Six thousand dollars plus one thousand dollars towards the general plan update.

2.

Type 13 (transportation only): Two thousand dollars.

3.

Fees shall be paid thereafter annually prior to March 1st of each year.

H.

The above fee amounts are not anticipated to fully cover the cost of administering this chapter; however, within twelve months of this chapter, the County may conduct a fee study to determine the total cost of administering this chapter.

I.

If, based on the results of the fee study, the fee needs to be increased, the county may increase the fee by way of resolution for any new or renewal registrations.

J.

If, based on the results of the fee study, the fee exceeds the cost of administering this chapter the county shall decrease the fee by way of resolution and shall also reimburse applicants their proportional share of any overpayment.

(Ord. No. 315-828, § 2, 1-17-18; Ord. No. 315-834, § 1, 6-19-18)

A.

Applicant's application shall be denied or the issuance of a license rescinded if Trinity County becomes aware that:

1.

The applicant has provided materially false documents or testimony; or

2.

The operation as proposed if allowed, would not comply with all applicable laws including but not limited to the building, planning, housing, fire and health and safety codes of the county including the provisions of this chapter and with all applicable laws including zoning and Trinity County ordinances.

3.

Applicant shall be given up to seven business days to correct any deficiencies prior to the issuance of a denial or rescission unless there is an immediate threat to public health or safety that requires an immediate correction of the deficiency.

4.

Applicant or licensee shall have the right to appeal any denials or rescissions as prescribed in Chapter 8.90.130 of the Trinity County Code.

(Ord. No. 315-828, § 2, 1-17-18)