Brawley Municipal Code Ch. 19G Marijuana Commercial Activities

Footnotes:

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Editor's note— Ord. No. 2010-07, § 1, adopted Aug. 10, 2010, added chapter 19F to the Code. Inasmuch as said chapter already existed, the new provisions have been redesignated as chapter 19G at the editor's discretion. Subsequently, Ord. No. 2017-06, § 1, adopted July 18, 2017, amended the title of chapter 19G.

The city council finds that federal laws prohibiting the possession, sale and distribution of marijuana would preclude the opening of the following types of establishments: medical marijuana dispensaries; establishments offering recreational marijuana for sale; cultivating marijuana other than for personal use; manufacturing products that contain marijuana; testing products made with marijuana for recreational or medical use; and testing marijuana for medical or recreational use. Inasmuch as federal law would prohibit the foregoing activities, and in order to serve public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this chapter is to prohibit commercial marijuana businesses and activities as stated in this chapter.

(Ord. No. 2010-07, § 1, 8-10-10; Ord. No. 2017-06, § 1, 7-18-2017)

The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Cannabis" shall have 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" shall have 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" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis or a cannabis product.

"Commercial cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof in excess of the limits established by the state Health and Safety Code section 11358(c).

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

"Dispensary" shall have 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, "Dispensary" shall also include a cooperative.

"Manufacture of cannabis products" means the production, preparation, propagation, or compounding of manufactured 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 relabels its container.

(Ord. No. 2010-07, § 1, 8-10-10; Ord. No. 2017-06, § 1, 7-18-2017)

It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or cooperative to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary or cooperative in the city.

(Ord. No. 2010-07, § 1, 8-10-10; Ord. No. 2017-06, § 1, 7-18-2017)

It shall be unlawful for any person or entity to manage, conduct, or engage in commercial cannabis activity in the city.

(Ord. No. 2010-07, § 1, 8-10-10; Ord. No. 2017-06, § 1, 7-18-2017)

It shall be unlawful for any person or entity to manage, conduct, or engage in commercial cannabis cultivation in the city.

(Ord. No. 2017-06, § 1, 7-18-2017)

It shall be unlawful for any person or entity to manage, conduct, or engage in the manufacture of cannabis products in the city.

(Ord. No. 2017-06, § 1, 7-18-2017)

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. No. 2017-06, § 1, 7-18-2017)

The city shall not issue a business license or permit to operate to any individual or entity for the purpose of engaging in a business of activity prohibited by this chapter or prohibited by state and/or federal law.

(Ord. No. 2017-06, § 1, 7-18-2017)