Anaheim Municipal Code Ch. 4.100 Commercial Marijuana Activities and Outdoor Cultivation of Marijuana

The City Council finds that purpose and intent of this Chapter is to prohibit commercial activities involving nonmedical marijuana and marijuana products and to ban the outdoor cultivation of marijuana in order to protect the health, safety and welfare of the community. (Ord. 6409 § 1 (part); May 9, 2017.)

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

.010 "Marijuana" mean 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. "Marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code as the same may be amended from time to time. "Marijuana" does not include medical marijuana defined in Chapter 4.20.

.015 "Commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, trade or sale of marijuana and marijuana products by any person, entity, commercial or business enterprise, whether for-profit or nonprofit.

.020 "Delivery" means the transfer of marijuana or marijuana products to a location within the City of Anaheim.

.025 "Fully enclosed and secure structure" means a code compliant space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more locking doors.

.030 "Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible, ingestible or topical product containing marijuana or concentrated cannabis and other ingredients.

.035 "Outdoor cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana that is not within a fully enclosed and secure structure. (Ord. 6409 § 1 (part); May 9, 2017.)

Commercial marijuana activities are prohibited in the City of Anaheim. No use permit, variance, building permit, or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for commercial marijuana activities. It shall be unlawful for any person or entity to own, manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, any commercial marijuana activity or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial marijuana activity. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense. (Ord. 6409 § 1 (part); May 9, 2017.)

Outdoor cultivation of marijuana by any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city is prohibited. It shall be unlawful for any person or entity to own, manage, conduct, or operate, or as a landlord or land owner (or as such landlord or land owner's agent, property manager or similar person having control over real property on behalf of its owner) to allow or permit to exist, or be established, conducted, operated, owned or managed on or within real property owned or controlled by such person, the outdoor cultivation of marijuana or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in the outdoor cultivation of marijuana. Each day a violation of this provision of this chapter is committed, or permitted to continue, shall constitute a separate offense. (Ord. 6409 § 1 (part); May 9, 2017.)

Delivery of marijuana or marijuana products is prohibited within the City of Anaheim. (Ord. 6409 § 1 (part); May 9, 2017.)

The establishment, maintenance, or operation of any commercial marijuana activity or outdoor cultivation of marijuana in violation of this Chapter within the City is hereby declared to be a public nuisance and may be abated by all available means. (Ord. 6409 § 1 (part); May 9, 2017.)

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. 6409 § 1 (part); May 9, 2017.)