Chapter 4.19 — MEDICAL MARIJUANA CULTIVATION AND PROCESSING

The City Council finds that federal and state laws prohibiting the possession, distribution, cultivation and processing of marijuana preclude the establishment or operation of City-sanctioned or permitted Medical Marijuana Cultivation or Medical Marijuana Processing facilities or activities. In order to promote and ensure the health, safety and welfare of the City and its residents, the declared purpose of this chapter is to prohibit Medical Marijuana Cultivation and Medical Marijuana Processing activities, operations or facilities as provided in this chapter. (Ord. 6354 § 1 (part); January 12, 2016.)

For purposes of this chapter, the following definitions shall apply:

.010 “Medical Marijuana Cultivation” means any activity involving the growing, planting, harvesting, farming, drying, curing, grading, or trimming of medical marijuana or medical cannabis.

.020 “Medical Marijuana Processing” means any method or activity used to prepare medical marijuana or medical cannabis or their by-products for commercial retail and/or wholesale use, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana-related products and concentrates. (Ord. 6354 § 1 (part); January 12, 2016.)

Notwithstanding any other provision of this Code to the contrary (including but not limited to any definitional sections), Medical Marijuana Cultivation and/or Medical Marijuana Processing shall be prohibited in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of Medical Marijuana Cultivation or MedicalMarijuana Processing, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. (Ord. 6354 § 1 (part); January 12, 2016.)

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. (Ord. 6354 § 1 (part); January 12, 2016.)

Medical Marijuana Cultivation or Medical Marijuana Processing within the City of Anaheim in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by all available means. (Ord. 6354 § 1 (part); January 12, 2016.)