Chapter 8.10 — CANNABIS

This chapter shall be referred to as the "Cannabis Ordinance."

(Ord. No. 178, 12-21-17)

It is the purpose and intent of this chapter to prohibit, to the maximum extent allowed under state law, the commercial, medical, and recreational cultivation, manufacture, testing, distribution, transportation, and storage of cannabis in order to preserve the public peace, health, safety, and general welfare of the citizens of Calaveras County and the environment while retaining the ability of patients to have access to medical cannabis in the county to the extent deemed necessary under state law. It is also the intent of this chapter to prevent the retail sales of cannabis from any storefront, home, or delivery business within the city limits. Any ambiguity in this chapter should be construed in whatever manner best effectuates this intent.

(Ord. No. 178, 12-21-17)

Unless the context clearly indicates a different meaning, the definitions in this section are intended to apply to this chapter only:

"Accessory use" or "accessory" has the same meaning as is listed in Section 17.04.030 of the Amador City Municipal Code.

"Cannabis" shall have the same meaning as it does in B&P § 26001. "Cannabis" shall also include "cannabis products" as defined in B&P § 26001, which includes both "edible cannabis products" as defined in B&P § 26001 and topical cannabis, meaning a cannabis product that is applied to the skin.

"Cannabis distribution" shall have the same meaning as "distribution" in B&P § 26001.

"Cannabis manufacturing" shall have the same meaning as "manufacture" in B&P § 26001.

"Caregiver" or "primary caregiver" shall have the same meaning as it does in H&S § 11362.7.

"Child resistant" shall have the same meaning as it does in B&P § 26001.

"Commercial," as used in this chapter, refers to the cultivation, manufacture, distribution, laboratory testing, transport, storage, possession, processing, labeling, dispensing, sale, or other activities involving cannabis that are or will be subject to state licensure under the Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA) and its subsequent amendments. "Commercial," for purposes of this chapter, shall also refer to all collective and cooperative cannabis cultivation under Health and Safety Code § 11362.775.

"Costs of enforcement" or "enforcement costs" means all costs, direct or indirect, actual or incurred related to the performance of various administrative acts required pursuant to the enforcement of this chapter, which include but are not limited to: Administrative overhead, salaries and expenses incurred by city employees, the city attorney, and enforcement officers, site inspections, investigations, evidence storage, notices, telephone contacts and correspondence, conducting hearings, as well as time expended by city staff in calculating the above expenses. The costs also include the cost of time and expenses associated with bringing the matter to hearing, the costs associated with any appeals from any decision rendered by any hearing body, hearing officer or court, the costs of judicially abating a violation, and all costs associated with removing, correcting or otherwise abating any violation, including administrative penalties of this chapter.

"City" means the City of Amador City.

"Cultivation" shall have the same meaning as it does in B&P § 26001.

"Cultivation area" shall mean that portion of the cultivation site containing live cannabis plants.

"Cultivation site" means the location where cannabis has been planted, grown, harvested, dried, cured, graded, or trimmed.

"Delivery" shall have the same meaning as it does in B&P § 26001.

"Dispensing," "dispensary," or "medical cannabis dispensary" refers to the premises from which a cannabis retailer, as defined in B&P § 26070, conducts commercial activities related to the retail sales and delivery of cannabis, as well as the actions involved in conducting such activities.

"Distribution" shall have the same meaning as it does in B&P § 26001.

"Dwelling" has the same meaning as is listed in Section 17.04.030 of the Amador City Municipal Code.

"Enforcement official" means any employee designated by the City of Amador City, including, but not limited to the city clerk, the city attorney, the Amador County Sheriff, or Amador County Code Enforcement officials, operating under contract with the city.

"Labeling" shall have the same meaning as it does in B&P § 26001.

"Manufacture" or "manufacturing," when referring to medical cannabis, has the same meaning as it does in B&P § 26001.

"Medical cannabis" shall have the same meaning as "medicinal cannabis" as defined in B&P § 26001.

"Minor" or "minors" means a person or people under twenty-one (21) years of age. "Minor" or "minors" does not include a person or people between eighteen (18) and twenty (20) years of age who use medical

cannabis in compliance with the Compassionate Use Act (CUA), Medical Marijuana Program Act (MMPA), and MAUCRSA.

"Multi-family dwelling" is a "dwelling" has the same meaning as is listed in Section 17.04.030 of the Amador City Municipal Code.

"Nonmedical," "non-medical" or "non-medical cannabis" refers to all cannabis that is not "medical cannabis."

"Nursery," when referring to medical cannabis, shall have the same meaning as it does in B&P § 26001.

"Owner" means the person(s) or entity identified as the owner on the recorded deed for the parcel.

"Parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (commencing with Section 66410 of the Government Code).

"Person" means an individual.

"Plant" has the same meaning as "live plant" in B&P § 26001.

"Possessing" or "possession," when referring to medical cannabis, has the same meaning as it does for purposes of the Health and Safety Code.

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

"Residence" shall have the same meaning as "dwelling," as listed in Section 17.04.030 of the Amador City Municipal Code.

"Testing" or "laboratory testing," when referring to medical cannabis, has the same meaning as laboratory testing" as defined in B&P § 26001.

"Transport," "transporting," or "transportation," refers to the transporting of cannabis and cannabis products between holders of state-issued licenses under MAUCRSA.

(Ord. No. 178, 12-21-17)

A.

All cultivation of cannabis, whether indoor or outdoor, is hereby declared to be unlawful in all zones and a public nuisance that may be abated and subject to enforcement pursuant to Chapter 8.12 of the Amador City Municipal Code.

B.

All cannabis manufacturing, testing, distributing, or transporting, is hereby declared to be unlawful in all zones and a public nuisance that may be abated and subject to enforcement pursuant to Chapter 8.12 of

the Amador City Municipal Code. This provision shall also not apply to the lawful transportation of medical cannabis by a licensed medical cannabis distributor (holding a current, valid M-Type 11 license or similar temporary license pursuant to MAUCRSA) to a licensed medical cannabis dispensary in compliance with MAUCRSA.

C.

Notwithstanding subsection A above, this section shall not apply to the non-commercial cultivation of recreational cannabis by a person(s) aged twenty-one (21) or older, or the non-commercial cultivation of medical cannabis by a person(s) aged eighteen (18) years or older, provided that such cultivation complies with all of the following conditions:

1.

No more than six live cannabis plants per private residence may be cultivated indoors at any one time regardless of:

a.

Whether the cannabis is medical or recreational;

b.

Whether the cannabis is grown inside the private residence or in an accessory structure thereto;

c.

The size or maturity of the plant(s); or

d.

The number of recreational users, medical users, or primary caregivers residing together in the private residence.

2.

If a person cultivating cannabis does not own the parcel on which the private residence is located, express written permission from the owner(s) consenting to cannabis cultivation and any associated material alterations to the property must be obtained prior to commencing cultivation, shall be maintained at the private residence, and shall be provided to the county upon request of any enforcement officer.

3.

If an individual cultivating cannabis within a dwelling (or within an accessory structure thereto) is not an owner of that dwelling, and the owner of the dwelling is different than the owner of the parcel on which it lies, the express written permission from the owner(s) of the dwelling consenting to cannabis cultivation (and to any associated material alterations to the property) must be obtained before commencing cultivation, shall be maintained at the private residence, and shall be provided to the city upon request of any enforcement officer.

4.

Cultivation may only occur on a parcel with a permitted dwelling. Cannabis cultivation shall only occur within a single designated area of a dwelling or within a single accessory structure thereto which complies with all local ordinances, codes, regulations, and permitting requirements for the accessory structure's type, size, and intended use. The cultivation shall be subordinate, incidental, and accessory to the residential use.

5.

There shall be no light pollution, glare, or brightness of artificial illumination associated with the cultivation.

(Ord. No. 178, 12-21-17)

It shall be unlawful within the City of Amador City to sell, exchange, or distribute cannabis or cannabis related products from one person or business entity to another.

(Ord. No. 178, 12-21-17)

It shall be unlawful to engage in manufacturing, testing, distributing, or to operate a dispensary within the city limits of Amador City.

(Ord. No. 178, 12-21-17)

A.

Any violation of this chapter is hereby declared a public nuisance which shall be subject to enforcement pursuant to the provisions of Chapter 8.12 of the Amador City Municipal Code.

B.

Violations of this ordinance shall be subject to injunction, abatement or any other administrative, criminal, or civil remedy available the city under applicable state and city laws, including but not limited Government Code 38771 et seq., Chapter 8.12 of the Amador City Municipal.

(Ord. No. 178, 12-21-17)