Beverly Hills Municipal Code Art. 47 Cannabis Prohibitions and Regulations

A. The purpose of this article is to expressly prohibit the establishment of commercial cannabis uses in the City.

B. The City Council finds that prohibitions on commercial cannabis activity are necessary for the preservation and protection of the public health, safety, and welfare of the City. The prohibition of such uses is within the authority conferred upon the City Council by State law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the City. (Ord. 17-O-2734, eff. 9-8-2017)

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

CANNABIS: 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, non- medical, or other purposes.

"Cannabis" 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. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5.

CANNABIS ACCESSORIES: Any equipment, products or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

CANNABIS PRODUCT: Cannabis 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 or topical product containing cannabis or concentrated cannabis and other ingredients.

COMMERCIAL CANNABIS ACTIVITY: The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses.

CONCENTRATED CANNABIS: Manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

CULTIVATION: Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

DAY CARE CENTER: As defined in Beverly Hills Municipal Code Section 4-2-2302.

DELIVERY: The commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

DISTRIBUTION: The procurement, sale, and transport of cannabis and cannabis products between entities licensed under division 10 of the California Business and Professions Code, as they may be amended from time to time.

MAUCRSA: The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the Business and Professions Code, as the same may be amended from time to time.

MANUFACTURE: To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

NON-STOREFRONT , DELIVERY-ONLY MEDICAL CANNABIS RETAIL (OR RETAILER): As defined in Beverly Hills Municipal Code Section 4-2-2302.

PRIVATE RESIDENCE: A house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.

YOUTH CENTER: As defined in Beverly Hills Municipal Code Section 4-2-2302. (Ord. 17-O-2734, eff. 9-8-2017; amd. Ord. 23-O-2881, eff. 11-17-2023)

A. Commercial cannabis activity, whether or not for profit, is prohibited in all zones, specific plan areas, and overlay zones of the City. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City. To the extent that this prohibition conflicts with any other provision of this Code, this prohibition will control.

B. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City.

C. Subsection A of this section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time. The City shall also not issue any local license to a non-profit entity pursuant to California Business and Professions Code section 26070.5.

D. To the extent not already prohibited by subsection A of this section, all deliveries of cannabis or cannabis products for non- medical purposes, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products for a non-medical purpose, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City. (Ord. 17-O-2734, eff. 9-8-2017)

A. Notwithstanding section 10-3-4702 of this article, the delivery of medical cannabis from a business located outside the City and licensed under the MAUCRSA, or any other provision of law that permits State licenses for medical cannabis businesses, shall be permitted into the City.

B. To the extent that the following activities are permitted by State law, nothing in this article shall prohibit a person twenty one (21) years of age or older from:

1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, up to eight grams (8 g) of cannabis in the form of concentrated cannabis;

3. Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and Safety Code section 11362.3;

4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty one (21) years of age or older without compensation whatsoever; or

5. Engaging in the cultivation of six (6) or fewer live cannabis plants within a single private residence, inside an accessory structure located upon the grounds of a private residence, or if grown outdoors within a locked space that is not visible by normal, unaided vision from a public place.

C. This article shall also not prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to the MAUCRSA.

D. Notwithstanding section 10-3-4702 of this article, establishment of a physical premises from which retail sale by delivery of medicinal cannabis within the City is conducted by a licensed non-storefront retailer, referred to herein as non-storefront, delivery-only medical cannabis retail, may be allowed subject to the requirements of Section 10-3-4705. The delivery of medical cannabis from a business authorized under Section 10-3-4705 and Article 23 of Chapter 2 of Title 4, shall be permitted in the City. (Ord. 17-O-2734, eff. 9-8-2017; amd. Ord. 23-O-2881, eff. 11-17-2023)

In addition to any other enforcement permitted by section 10-3-205 of this chapter, the City Attorney or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in section 10-3-205 of this chapter, no provision of section 10-3-205 of this chapter or this article authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71, et seq., or section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under section 10-3-205 of this chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 17-O-2734, eff. 9-8-2017)

A. This section specifies standards for the non-storefront retail sale of medical cannabis to ensure neighborhood compatibility, minimize potential environmental impacts, and to provide safe access to cannabis for medical use. This section shall be effective only if Business and Professions Code section 26322, or a successor statute requiring the City to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the City is conducted by a licensed non-storefront retailer, remains in effect.

B. Non-storefront, delivery-only medical cannabis retail is a conditionally permitted use in the C-3 zone subject to the requirements herein.

C. Location requirements.

1. Non-storefront, delivery-only medical cannabis retail is prohibited in the Pedestrian Overlay Zone (Article 16.5).

2. No non-storefront, delivery-only medical cannabis retailer shall be established on any portion of a lot located within a 600-foot radius of a sensitive use (herein defined to include the Beverly Hills Public Library, a school, a day care center, a youth center, a religious institution, or a public park) or another non-storefront, delivery-only medical cannabis retailer. The distance specified in this subsection shall be measured vertically. Additionally, the distance specified in this subsection shall be measured horizontally. The horizontal distance shall be measured in a straight line from the property line of where the non-storefront, delivery-only medical cannabis retailer is to be located to the closest property line of the lot on which the sensitive use or another non-storefront, delivery-only medical cannabis retailer is located without regard to intervening structures.

3. No non-storefront, delivery-only medical cannabis retail shall be permitted on the ground floor of any building.

D. Non-storefront, delivery-only medical cannabis retail use shall be permitted in the C-3 zone only if authorized by a conditional use permit issued pursuant to the provisions of article 38 of this chapter. In addition to the criteria set forth in article 38 of this chapter, the following criteria shall be considered by the planning commission when reviewing conditional use permit applications for non-storefront, delivery-only medical cannabis retail use:

1. The proposed use will have adequate buffering between the use and residential areas, and will not adversely interfere with the use and enjoyment of residential properties in the vicinity of the proposed development;

2. The proposed use will not result in detrimental impacts to existing or anticipated residential or commercial development in the vicinity of the project with regard to traffic levels, traffic safety, pedestrian-vehicle conflicts, pedestrian safety hazards, and loading or manner of operation;

3. The proposed use will not create excessive noise, unpleasant odors, noxious fumes, excessive lighting, increased litter, or substantial interference with neighboring properties or uses due to the activities associated with the proposed use or its hours of operation; and

4. The proposed use will not create an overconcentration of non-storefront, delivery-only medical cannabis retailers in the vicinity.

E. Operational Requirements. Non-storefront, delivery-only medical cannabis retailers shall comply with the licensing and operational requirements set forth in Article 23 of Chapter 2 of Title 4. (Ord. 23-O-2881, eff. 11-17-2023)