Beaumont Municipal Code Ch. 5.62 Prohibition of Commercial Marijuana Activity and Regulation of Personal…

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Editor's note— Ord. No. 1107, § 4, adopted May 21, 2019, amended Ch. 5.62 in its entirety to read as herein set out. Former Ch. 5.62, §§ 5.62.010—5.62.050, pertained to prohibition and regulation of personal marijuana use and cultivation and commercial marijuana activity, and derived from Ord. No. 1090, § 5, adopted August 15, 2017.

It is the purpose and intent of this Chapter to: (1) regulate indoor personal cultivation of marijuana to the fullest extent permitted by State law; (2) completely prohibit outdoor cultivation of marijuana; and (3) completely prohibit commercial marijuana activity—whether medical or recreational within the City of Beaumont, to the fullest extent permitted by law.

(Ord. No. 1107, § 4, 5-21-2019)

A. "Marijuana" shall 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" also means the separated resin, whether crude or purified, obtained from marijuana. "Marijuana" also means marijuana as defined by Section 11018 of the Health and Safety Code.

For the purposes of this Chapter, "marijuana" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agriculture Code or Section 11018.5 of the Health and Safety Code. "Marijuana" 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.

B. "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, and/or sale of marijuana and/or marijuana products. Commercial marijuana activity does not include:

(1) The activity of a qualified patient or primary caregiver as provided in Business and Professions Code Section 26033; or

(2) A person 21 years of age or older who, in strict accordance with State law and/or regulations, as may be amended from time to time:

(i) possesses, processes, transports, purchases, obtains, or gives away to persons 21 years of age or older without any compensation whatsoever, no more than 28.5 grams of marijuana not in the form of concentrated cannabis; or

(ii) possesses, processes, transports, purchases, obtains, or gives away to persons 21 years of age or older without any compensation whatsoever, not more than eight grams of marijuana in the form of concentrated cannabis, including as contained in marijuana products; or

(iii) possesses, plants, cultivates, harvests, dries, or processes not more than six living marijuana plants and possess the marijuana produced by those plants; or

(iv) smokes or ingests marijuana or marijuana products; or

(v) possesses, transports, purchases, obtains, uses, manufactures, or gives away marijuana accessories to persons 21 years of age or older without any compensation whatsoever.

C. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, whether within a structure completely or partially enclosed, or outdoors.

D. "Person" means any individual, firm, partnership, joint venture, corporation, association, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, dispensary, club, society, or other organization or group acting as a unit, and the plural as well as the singular. The term individual shall include any owner, manager, proprietor, employee, volunteer, salesperson, primary caregiver or qualified patient.

E. "Private residence" means a house, an apartment unit, a mobile home, or any other similar residential dwelling serving as an individual's primary residence.

(Ord. No. 1107, § 4, 5-21-2019)

A. For purposes of this subsection, personal use, possession, process, purchase, transport, and/or dissemination of marijuana shall be considered prohibited and unlawful in all areas of the City to the fullest extent such prohibition is permissible under State law.

B. Outdoor Cultivation. No person may plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No permit or any other license or entitlement for use, nor any business license, shall be approved or issued for the opening, establishment, maintenance or operation of any such use or activity. In the event of a determination by the California Attorney General that nonmedical use of marijuana is lawful in the State of California under federal law, outdoor cultivation of marijuana shall be prohibited and/or regulated to the fullest extent permitted by State law.

C. Indoor Cultivation. No person, including a qualified patient or primary caregiver, may plant, cultivate, harvest, dry, or process marijuana plants except for personal use inside a private residence or accessory structure to a private residence located upon the grounds of a private residence, and only in strict accordance with State law and/or regulations, and the City Code, as may be amended from time to time. This provision shall not be construed to authorize, regulate, permit, license, or otherwise allow indoor cultivation for commercial use or purposes; such activity is expressly prohibited in all zones throughout the City.

(Ord. No. 1107, § 4, 5-21-2019)

The opening, establishment, maintenance or operation of any business for the purpose of conducting commercial marijuana activity, whether for medical or recreational use, is prohibited in all zones throughout the City. No permit or any other license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance, or operation of any business engaged in commercial marijuana activity.

(Ord. No. 1107, § 4, 5-21-2019)

1. Any condition caused or permitted to exist in violation of any provisions of this Chapter, the City Code, or State or City law is declared a public nuisance and may be abated by the City either pursuant to Chapter 8.32 of the Beaumont Municipal Code or any other available civil and/or criminal remedy, including but not limited to a restraining order, temporary and permanent injunctive relief, and other relief set forth in this Chapter, City Code and/or State Law.

2. Any person found to be in violation of or in non-compliance with any of the requirements of this Chapter or applicable provisions of the Beaumont Municipal Code shall be subject to any enforcement remedies available under the law and/or the Beaumont Municipal Code including, but not limited to, Chapter 1.17 and Chapter 8.32.

3. Any person violating any of the provisions of this Chapter or any provisions or part hereof, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of up to $1,000.00 per day per violation or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. No civil action shall prevent criminal prosecution for any violation of the provisions of this Chapter, City Code and/or State law.

4. In lieu of issuing a misdemeanor citation, the City may reduce the penalty to an infraction or issue an administrative citation, and/or assess an administrative fine up to the maximum amount(s) permitted by law and the Code.

5. Each violation of this Chapter shall constitute a separate violation and each violation may be charged as a separate count in the event of administrative or criminal enforcement action.

(Ord. No. 1107, § 4, 5-21-2019)