The city council hereby finds and determines that it is the purpose and intent of this article to prohibit medical and non-medical commercial cannabis activity, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, and sale of non-medical cannabis products and medical cannabis products and to prohibit personal marijuana cultivation outdoors, to the extent permitted by state law, in order to promote the health, safety, morals and general welfare of the residents and the businesses within the city.

(Ord. No. 3071, § 1, 9-12-17; Ord. No. 3121, § 9, 8-25-20)

A.

Nothing in this article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act of 1996 (Health and Safety Code Section 11362.5).

B.

All the provisions of this article shall apply to all property, public and private, within the city.

C.

All the provisions of this article shall apply indoors and outdoors.

D.

Nothing in this article is intended, nor shall it be construed, to conflict with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26000 et seq.), or any other applicable state law.

(Ord. No. 3071, § 1, 9-12-17; Ord. No. 3121, §§ 10, 11, 8-25-20)

A.

"Commercial cannabis activity" shall mean the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code Section 26000 et seq.).

B.

"Marijuana" shall have the same definition as that set forth in California Health and Safety Code Section 11018.

C.

"Marijuana cultivation" shall mean the planting, growing, harvesting drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation.

D.

"Medical marijuana" shall mean marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5.

E.

"Operation" means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of commercial cannabis activity.

F.

"Person" means any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.

(Ord. No. 3071, § 1, 9-12-17; Ord. No. 3121, § 12, 8-25-20)

A.

Commercial cannabis activity by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zoning districts within the city.

B.

Delivery of all marijuana and marijuana products, to locations within City, whether for medical or non-medical use, is prohibited.

C.

Outdoor marijuana cultivation by any person, including primary caregivers and qualified patients, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City.

D.

Cultivation of marijuana indoors, as authorized by state law, shall be permitted within private residences by persons twenty-one years of age or older, provided that the cultivation is conducted in compliance with state law. No person shall cultivate more marijuana plants indoors than is expressly authorized by Health and Safety Code section 11362.2.

(Ord. No. 3071, § 1, 9-12-17)

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, including but not limited to the remedies provided for in Section 18.45.050 of this code.

(Ord. No. 3071, § 1, 9-12-17)

A.

Violations of this chapter shall be punishable pursuant to Chapters 1.08 and/or 1.09 of this code and other civil remedies as available under state and/or federal law.

B.

This chapter is not the exclusive means for the abatement of illegal marijuana businesses or activity within the city. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the zoning code, including but not limited to, any action at law or equity.

(Ord. No. 3071, § 1, 9-12-17)