This Chapter shall be known as the "Cannabis Ordinance."

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

The purpose of this Chapter is to prohibit all commercial cannabis land uses and activities for which a State license is required, and to reasonably regulate cannabis cultivation.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

"Cannabis" means 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" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medicinal, adult-use, or other purposes. "Cannabis" 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" also does not include industrial hemp, as defined in Health and Safety Code Section 11018.5.

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the State or other government entity under the MAUCRSA, or any provision of State law that regulates the licensing of cannabis businesses. "Commercial cannabis activity" does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. "Commercial cannabis activity" also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five (5) specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Health and Safety Code Section 11362.765.

"Commercial cannabis land use" means the use of any property for commercial cannabis activity.

"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.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.

"Fully enclosed and secure structure" means a space that satisfies all of the following criteria: (i) it is located within a private residence, or an accessory structure (i.e. greenhouse) located upon the grounds of a private residence, (ii) it has a complete roof enclosure supported by connecting walls extending from the ground to the roof; (iii) it is secure against unauthorized entry; (iv) it provides complete visual screening; (v) it is accessible only through one or more lockable doors; and (vi) it is inaccessible to minors.

"Indoors" means within a fully enclosed and secure structure.

"Licensee" means a person holding a license under the MAUCRSA.

"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 codified in Business and Professions Code Section 26000 et seq.

"Outdoors" means a location that is not within a fully enclosed and secure structure.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, non-profit, or any other group or combination acting as a unit.

"Primary caregiver" shall have the same meaning as is defined in Health and Safety Code Section 11362.7(d).

"Private residence" means a house, an apartment unit, mobile home, or other similar dwelling that is lawfully used as a residence.

"Qualified patient" means a person who is entitled to the protections of Health and Safety Code Section 11362.5, but who does not have an identification card.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

Commercial cannabis land use is a prohibited use in every zone. No application for a building permit, conditional use permit, planned development permit, variance, zoning clearance, or other City authorization shall be approved for the establishment, operation, maintenance, development, or construction of a commercial cannabis land use.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

No person shall engage in commercial cannabis activity. A property owner shall not rent, lease or otherwise permit any person to engage in commercial cannabis activity on such owner's property.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

A.

No person shall cultivate cannabis outdoors.

B.

No person shall cultivate cannabis unless such cultivation is in compliance with Health and Safety Code sections 11362.1 and 11362.2.

C.

No person shall cultivate cannabis unless such cultivation occurs indoors.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

A.

No provision of this Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or Section 11362.1 et seq. In the event of any conflict between the penalties enumerated under Section 1.2.005 of this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.

B.

A court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party in any nuisance abatement action brought to enforce this Chapter if, at the initiation of the proceeding, the City elected to seek recovery of its own attorneys' fees.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

This Chapter does not apply to any of the following:

A.

Any activities the City is required by State law to permit within its jurisdiction pursuant to Health and Safety Code Section 11362.1, Business and Profession Code Section 26054, or any other preemptive statute.

B.

Transportation of cannabis and cannabis products through the City's territory on public roads in compliance with the MAUCRSA by persons holding a State license for such activity.

C.

Delivery of cannabis and cannabis products to a property within the City from a licensee that satisfies the following criteria: (i) deliveries may only be made by a retailer, microbusiness, or non-profit that has obtained a State license from the Bureau of Cannabis Control; (ii) the retailer, microbusiness or non-profit must be located outside the City; and (iii) the delivery drivers must comply with all State laws and regulations pertaining to cannabis deliveries.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)