Chapter 14.04 — GENERAL PROVISIONS

It is the intent and purpose of this title to establish a City-wide system to control and regulate the cultivation, processing, manufacture, dispensing, delivery, and sale of cannabis and cannabis products in a manner that protects neighborhoods, residents, children, and business from negative impacts. The requirements set forth in this title are in addition to any other permits, licenses and approvals that may be required to conduct business in the City and are in addition to any permits, licenses and approvals required under State law. Nothing in this title is intended to authorize any activity that is contrary to State law. (Ord. 1323 § 5, 8/28/17)

This title is adopted pursuant to the authority granted by theCalifornia Constitution and State law, including, without limitation, Article XI, Section 7 of the California Constitution; the Compassionate Use Act; the Medical Cannabis Program Act; the Control, Regulate and Tax Adult Use of Marijuana Act, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act. The City Manager is authorized to administer this title and to promulgate such administrative policies and procedures that may be required to implement this title. (Ord. 1323 § 5, 8/28/17; Ord. 1351 § 2, 3/12/18; Ord. 1353 § 2, 2/26/18)

Except as specifically authorized in this Code, the cultivation, processing, manufacture, dispensing, distribution, delivery, storing, testing, packaging, or sale of cannabis or any cannabis product is prohibited. (Ord. 1323 § 5, 8/28/17)

The owners and operators of a cannabis-related business, together with any person listed as the permittee or applicant on the cannabis-related business permit, are responsible for ensuring that the cannabis-related business is, at all times, operating in a manner compliant with all applicable laws, regulations, and conditions of approval. (Ord. 1323 § 5, 8/28/17)

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Code. Words and phrases undefined in this Code have the same meaning as set forth in the Compassionate Use Act; the Medical Cannabis Program Act; the Control, Regulate and Tax Adult Use of Cannabis Act; or the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

"Cannabis" is defined in Business and Professions Code Section 26001(f). For purposes of this Code, "cannabis" has the same meaning as medicinal cannabis, marijuana, and medicinal marijuana and the terms may be used interchangeably.

"Cannabis business" and "cannabis-related business" means any business that engages in commercial cannabis activity including, without limitation, medical and nonmedical commercial cannabis activity.

"Cannabis business permit" means a regulatory permit issued by the City pursuant to this title.

"Cannabis product" is defined in Health and Safety Code Section 11018.1.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Cultivation site" means a facility or location where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all of any combination of those activities, and where the operator holds a valid cannabis business permit for cultivation from the City and, unless otherwise provided, a valid State license to cultivate cannabis when required by State law.

"Delivery" means the commercial transfer of nonmedical cannabis or nonmedical cannabis products from a dispensary to a customer over 21 years of age, or the commercial transfer of medical cannabis or medical cannabis products to a primary caregiver or qualified patient as defined in Health and Safety Code Section 11362.7. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under California law, which enables customers or qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.

"Dispensary" and "cannabis dispensary" mean any facility where cannabis, cannabis products, or devices for the medical or nonmedical use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products. A dispensary includes a "medical cannabis dispensary."

"Dispensing" means any activity involving the retail sale of cannabis or cannabis products from a dispensary.

"Identification card" means a document issued pursuant to Health and Safety Code Section 11362.712 that identifies a person authorized to engage in the medical use of cannabis and the person's designated primary caregiver, if any.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, and, unless otherwise provided, that holds a State license therefore and a cannabis business permit issued pursuant to this title.

"Medical cannabis" or "medical cannabis product" has the same meaning as in Business and Professions Code Section 26001(ai), and any successor statute defining "medicinal cannabis."

"Medical cannabis collective" means a collective, cooperative, association, dispensary or similar entity that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available or gives away cannabis in the City for medical purposes to qualified patients, or primary caregivers of qualified patients pursuant to Health and Safety Code Section 11362.5 or any State regulations promulgated to implement the Compassionate Use Act of 1996. Medical

Cannabis Collective does not include the following uses, so long as such uses comply with this Code and other applicable law:

• A.

  • A clinic licensed pursuant to Health and Safety Code Section1200, et seq.

• B.

  • A health care facility licensed pursuant to Health and Safety Code Section 1250, et seq.

• C. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code Section 1568.01, et seq.

• D. A residential care facility for the elderly licensed pursuant to Health and Safety Code Section 1569, et seq.

• E. A hospice or a home health agency licensed pursuant to Health and Safety Code Section 1725, et seq.

"Medical cannabis dispensary" is a dispensary that offers or delivers medical cannabis and medical cannabis products for retail sale to qualified patients and primary caregivers.

"Nursery" means an area within a cannabis cultivation operation where only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis are produced.

"Operations Plan" means an operating plan that implements the standard requirements of this title along with such additional, reasonable, criteria needed to protect public health and safety as determined by the Police Chief based upon the size and location of the proposed cannabis-related business.

"Person with an identification card" means an individual who is a qualified patient who has applied for and received a valid identification card.

"Police Chief" means a Police Chief or any other individual appointed by the City Manager or approved pursuant to written agreement for law enforcement services executed pursuant to Government Code Section54981.

"Primary caregiver" means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:

• A. In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Health and Safety Code Section 1200, et seq., a health care facility licensed pursuant to Health and Safety Code Section 1250, et seq., a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code Section 1568.01, et seq., a residential care facility for the elderly licensed pursuant to Health and Safety Code Section1569, et seq., a hospice, or a home health agency licensed pursuant to Health and Safety Code Section 1725, et seq., the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card.

• B. An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.

• C. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.

• D. A primary caregiver must be at least 18 years old, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under State law pursuant to Family Code Section 6922, 7002, 7050, or 7120.

"Qualified patient" means a person who is entitled to the protections of Health and Safety Code Section 11362.5.

(Ord. 1323 § 5, 8/28/17; Ord. 1351 § 2, 3/12/18; Ord. 1353 § 2, 2/26/18)