"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.

"School" means an institution of learning, 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.

"Youth-oriented facility" means public park, school authorized bus stop 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. 315-824, § 1, 10-17-17)

Cannabis testing facilities (requiring a Type 8 state license) may be allowed with a use permit in the following zoning districts;

A.

C2 (general commercial).

B.

C3 (heavy Commercial).

C.

I (industrial).

D.

All other zones are ineligible.

Testing facilities shall be subject to the requirements of this chapter. A use permit and/or license applications are independent and separate actions. Approval of one does not guarantee approval of the other.

(Ord. No. 315-824, § 1, 10-17-17)

A.

Within sixty days of adoption of the ordinance codified in this chapter any person or entity desiring a cannabis testing facilities license within Trinity County may apply with the Trinity County Planning Department. An application shall be on a form provided by the Trinity County Planning Department and will require, at minimum, confirmation that the applicant meets the requirements of this chapter. Application shall include a plan of operation pursuant to Section 17.43C.040(F) and 17.43C.040(G).

B.

Cannabis testing facilities shall comply with all of the following regulations:

1.

Shall not be within one thousand feet of a youth-oriented facility, a school, any church, or residential treatment facility as defined herein or within five hundred feet of an authorized school bus stop and will be measured from footprint of building to edge of parcel boundary if sensitive receptors are present.

2.

The owners, operators, and employees of the cannabis testing facilities shall be independent from all other persons, associations and/or entities involved in the cannabis industry, and shall not hold any other state or county license related to cannabis.

3.

Cannabis testing facilities shall apply for appropriate licensing and/or register with any state agencies upon establishment of a state regulatory framework as required by the state and provide copies of the license application and the issued license to the county.

4.

Cannabis testing facilities shall show proof of ISO 17025 accreditation, or proof that the applicant is in the process of applying for or is preparing to apply for ISO 17025 accreditation as required by the state.

5.

Cannabis testing facilities shall adopt written standard operating procedures for laboratory processes, and analytical methods as required by state regulations.

6.

Cannabis testing facilities shall adopt a written standard operating procedure to obtain samples for testing according to state regulations.

7.

Cannabis testing facilities shall develop and implement scientifically valid testing methodologies for the chemical, physical and microbial analysis of cannabis products according to state regulations.

8.

Cannabis testing facilities shall develop and implement test methods and corresponding standard operating procedures for the analyses of organic and inorganic materials identified by the state. Additional analyses may be conducted as requested by the cultivator of the sample(s) to be tested.

9.

Cannabis testing facilities shall dispose of test samples according to state regulations and document waste disposal procedures followed for each sample.

10.

Cannabis testing facilities shall comply with all safety standards and requirements for cannabis testing facilities identified by the state, and shall ensure the safety of its employees and the proper disposal of all chemicals and byproducts pursuant to California Department of Public Health guidelines, California Division of Occupational Safety and Health requirements, California Department of Transportation, California Department of Toxic Substances Control (Trinity County CUPA), and Trinity County Department of Environmental Health.

11.

Cannabis testing facilities shall develop and implement standard operating procedures or programs required by the state including quality assurance and quality control.

12.

Cannabis testing facilities shall employ personnel who meet the experience and education requirements specified by the state and shall train qualified personnel as required by the state.

13.

Cannabis testing facilities shall adopt a written security protocol and implement the protocol to prevent diversion, theft and loss of cannabis samples.

14.

Cannabis shall not be sold or consumed on or within the premises on which this license is issued.

(Ord. No. 315-824, § 1, 10-17-17)

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

(Ord. No. 315-849, § 4, 12-28-2020)

A license for a cannabis testing facility shall not be granted by the county unless all of the following findings are made based on substantial evidence:

A.

The testing facility, as proposed, will comply with all of the requirements of the State of California Bureau of Medical Cannabis Regulation and Trinity County Code for Cannabis testing facilities.

B.

The cannabis testing, as approved and conditioned, will not result in significant adverse impacts on the environment.

C.

The testing facility is accredited by an approved accrediting agency recognized by the state and the County of Trinity.

D.

Plans for the testing facility demonstrate proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

E.

The testing facility shall agree to provide as requested and/or required to state and county agencies procedures, processes and/or data collected resulting from testing performed.

F.

Plans for the testing facility demonstrate proper protocols and procedures for transport, handling, and disposal of all chemicals used in the testing process.

G.

The testing facility is located in a building permitted by the Trinity County Building Department and meets Trinity County Code.

(Ord. No. 315-824, § 1, 10-17-17)

In addition to any other conditions and mitigation measures required, all of the following conditions shall apply to all licenses for a cannabis testing facility:

A.

Operators of the testing facility shall allow access to the facility and access to records if requested by the county or state, its officers, or agents, and shall pay for routine and focused inspections and submit to inspections from the county or its officers to verify compliance with all relevant rules, regulations, and conditions.

B.

The applicant, owner, and operator shall agree to submit to, allow access for, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this chapter from any enforcement officer of the county or their designee.

C.

Operators of the testing facility and, if different, the property owner shall execute an agreement to defend, indemnify and hold harmless the County of Trinity and its agents, officers, and employees from any claim, action, or proceeding brought against the county, its agents, boards, planning commission or board of supervisors arising from the county's registration of the site. The indemnification shall apply to any damages, costs of suit, attorney fees or other expenses incurred by the county, its agents, officers and employees in connection with such action.

D.

The facility operator shall be responsible for ensuring that all cannabis testing activities at the site operate in good standing with licenses required by Trinity County Code and state law. Failure to take appropriate action to evict or otherwise remove operators who do not maintain licenses or licenses in good standing with the county or state shall be grounds for the suspension or revocation of the license.

E.

The testing facility and related activities shall be maintained in accordance with the operating plans accepted by the county.

F.

A safety and security plan shall be submitted and accepted by the county. This plan shall be updated annually. All security protocols shall be implemented prior to commencing operations.

G.

Hours of operation shall be determined on a site-specific basis established in the use permit associated with the testing facility.

H.

This license does not guarantee that the applicant will be considered compliant with any future land use ordinance.

I.

Licenses are transferrable with payment of fees and review of an updated application including information regarding new ownership.

J.

Cannabis is not recognized under federal law and applicant does not grant any right to violate federal law.

K.

When the State Bureau of Medical Cannabis Regulation (BMCR) begins issuing Type 8 licenses under MCRSA, the applicant or license holder shall file a complete application with the BMCR within sixty days.

L.

Notwithstanding any other provision of this chapter, a person participating in the testing of cannabis who is registered pursuant to this chapter, but who applies for and is denied a state license shall immediately cease all cannabis testing within the county until he/she successfully obtains the proper state testing license(s) by BMCR.

(Ord. No. 315-824, § 1, 10-17-17)

A.

The county shall collect from the applicant a regulatory program fee (hereinafter referred to as fee) when an applicant submits an application to establish a cannabis testing facility with the planning department pursuant to this chapter.

B.

Such fee shall fairly and proportionately generate sufficient revenue to cover the costs of administering, implementing, and enforcing this chapter.

C.

A use permit required by this license is an independent action that shall require a use permit fee.

D.

The cannabis testing facilities program fee is shall be:

1.

Type 8 License: Year one—Two dollars per square foot plus one thousand dollars general plan update. Successive years—One thousand dollars general plan fee, plus one thousand dollars processing fee.

2.

Inspection/Reinspection Fee: Two hundred dollars.

3.

Transfer Fee: Three thousand dollars.

E.

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

(Ord. No. 315-824, § 1, 10-17-17)

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 licensed, would not comply with all applicable laws, including, but not limited to, the building, planning, housing, fire, and health codes of the county, including the provisions of this chapter and with all applicable laws including zoning and county ordinances.

B.

Applicant shall be given a minimum of seven business days to correct any deficiencies prior to the issuance of a denial or rescission.

C.

Applicants shall have the right to appeal any denials to the planning director. Any person dissatisfied with the decisions of the planning director may appeal therefrom to the planning commission at any time within ten working days after notice of the decision is given. Such appeal is taken by filing a notice of appeal with the planning director and paying the required appeal fee. Upon filing of a notice of appeal, the planning director shall within ten days to transmit to the secretary of the planning commission all papers and documents on file with the planning director relating to the appeal and schedule the appeal for the commission hearing.

D.

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

(Ord. No. 315-824, § 1, 10-17-17)

A.

Violation of this chapter constitutes a nuisance and is subject to fines and abatement pursuant to Chapters 8.64 and 8.90 of the Trinity County Code.

B.

The code enforcement officer shall make reasonable efforts to notify the owner and/or violator.

C.

Additional fees may be required for code enforcement reinspection.

(Ord. No. 315-824, § 1, 10-17-17)