Bradbury Municipal Code Art. I Medical Marijuana and Cultivation

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cannabis has the same meaning as set forth in Business and Professions Code § 19300.5(f) as the same may be amended from time to time.

Caregiver or primary caregiver has the same meaning as set forth in Health and Safety Code § 11362.7 as the same may be amended from time to time.

Commercial cannabis activity has the same meaning as that set forth in Business and Professions Code § 19300.5(k) as the same may be amended from time to time.

Cooperative means two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical marijuana, with or without compensation.

Cultivation has the same meaning as set forth in Business and Professions Code § 19300.5(l) as the same may be amended from time to time.

Cultivation site has the same meaning as set forth in Business and Professions Code § 19300.5 (x) as the same may be amended from time to time.

Delivery has the same meaning as set forth in Business and Professions Code § 19300.5(m) as the same may be amended from time to time.

Dispensary has the same meaning as set forth in Business and Professions Code § 19300.5(n) as the same may be amended from time to time. For purposes of this chapter, the term dispensary also includes a cooperative. The term dispensary shall not include the following uses:

(1) A clinic licensed pursuant to Health and Safety Code Division 2, Chapter 1.

(2) A health care facility licensed pursuant to Health and Safety Code Division 2, Chapter 2.

(3) A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Health and Safety Code Division 2, Chapter 3.01.

(4) A residential care facility for the elderly licensed pursuant to Health and Safety Code Division 2, Chapter 3.2.

(5) A residential hospice or home health agency licensed pursuant to Health and Safety Code Division 2, Chapter 8.

Dispensing has the same meaning as set forth in Business and Professions Code § 19300.5(o) as the same may be amended from time to time.

Distribution has the same meaning as set forth in Business and Professions Code § 19300.5(p) as the same may be amended from time to time.

Distributor has the same meaning as set forth in Business and Professions Code § 19300.5(q) as the same may be amended from time to time.

Manufacturer has the same meaning as set forth in Business and Professions Code § 19300.5(y) as the same may be amended from time to time.

Manufacturing site has the same meaning as set forth in Business and Professions Code § 19300.5(af) as the same may be amended from time to time.

Medical cannabis, medical cannabis product, or cannabis product has the same meanings as set forth in Business and Professions Code § 19300.5(ag) as the same may be amended from time to time.

Medical Marijuana Regulation and Safety Act or MMRSA means the following bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 246, and SB 643.

Nursery has the same meaning as set forth in Business and Professions Code § 19300.5(ah) as the same may be amended from time to time.

Qualifying patient or qualified patient has the same meaning as set forth in Health and Safety Code § 11362.7 as the same may be amended from time to time.

Testing laboratory has the same meaning as set forth in Business and Professions Code § 19300.5(z) as the same may be amended from time to time.

Transport has the same meaning as set forth in Business and Professions Code § 19300.5(am) as the same may be amended from time to time.

Transporter has the same meaning as set forth in Business and Professions Code § 19300.5(aa) as the same may be amended from time to time.

(Ord. No. 345, § 3(9.05.110.010), 12-20-2016)

(a) Commercial cannabis activities of all types are expressly prohibited in all zones in the City. No person shall establish, operate, conduct or allow a commercial cannabis activity anywhere within the City.

(b) To the extent not already covered by Subsection (a) of this section, all deliveries of medical cannabis are expressly prohibited within the City. No person shall conduct any deliveries that either originate or terminate within the City.

(c) This section is meant to prohibit all activities for which a State license is required. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MMRSA.

(d) Except as provided in Article III of this chapter, cultivation of cannabis for noncommercial purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all zones in the City. No person, including a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the City, even for medical purposes.

(Ord. No. 345, § 3(9.05.110.020), 12-20-2016)