Calabasas Municipal Code Ch. 8.13 Cultivation and Use of Marijuana

Footnotes:

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Editor's note— Ord. No. 2017-355, § 1, adopted June 14, 2017, amended Ch. 8.13 in its entirety to read as herein set out. Former Ch. 8.13, § 8.13.010, pertained to marijuana cultivation and dispensaries, and derived from Ord. No. 2016-332, § 2, 1-27-2016; Ord. No. 2016-335, § 1, 4-13-2016.

The purpose of this chapter is to protect the general health, safety and welfare of the community by establishing reasonable standards and limitations regarding the cultivation, processing, distribution and use of marijuana and marijuana products commensurate with state and federal law, to include Proposition 64 as passed and approved by the voters of California on November 8, 2016, and Proposition 215 as passed and approved by the voters of California on November 5, 1996. This section is to be read in conjunction with Section 17.12.125 of this Code.

(Ord. No. 2017-355, § 1, 6-14-2017)

A. "Delivery" means the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana or marijuana products to or from any location within the city. For purposes of this chapter, "delivery" shall not include the transportation of marijuana by a primary caregiver to a qualified patient consistent with a physician recommendation for medicinal use of marijuana.

B. "Marijuana" is defined as the term is defined in California Health and Safety Code section 11018 as that section may be amended from time to time.

C. "Marijuana cultivation" or "cultivation" means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business or operational activities.

D. "Marijuana products" is defined as the term is defined in California Health and Safety Code section 11018.1 as that section may be amended from time to time.

E. "Primary caregiver" is defined as that term is defined in California Health and Safety Code section 11362.7, subdivision (d), as that section may be amended from time to time.

F. "Qualified patient" means a seriously ill person who obtains a written recommendation from a physician licensed to practice medicine in the State of California to use marijuana for personal medical purposes. In addition, persons currently under the care of a physician for a "serious medical condition" as that term is defined in California Health and Safety Code section 11362.7, subdivision (h), are presumed to be "qualified patients."

(Ord. No. 2017-355, § 1, 6-14-2017)

The following activities involving marijuana or marijuana products are prohibited and may not be conducted anywhere in the city:

A. The cultivation, processing, warehousing, packaging, or distribution of marijuana or any marijuana product or derivative for commercial purposes, to include marijuana dispensaries or commercial marijuana businesses of any kind, whether providing marijuana for medical or recreational purposes;

B. The cultivation, processing, warehousing, packaging, or distribution of marijuana or any marijuana product or derivative for personal non-commercial medical or recreational purposes in a manner which conflicts with the land use limitations set out in CMC section 17.12.125, or which conflicts with any parameter or limitation established in California Health and Safety Code sections 11362.1 et seq.;

C. Delivery or transport of marijuana or of any marijuana product or derivative to any location in the city for medical or recreational purposes in quantities exceeding established maximum limits, or in any manner which fails to comply with the parameters and limits set out in California Business and Professions Code sections 26080 and 26090;

D. Any other facility, business, or activity involving the manufacture, cultivation, processing, packaging, storage or warehousing, distribution or delivery of drugs or other substances which it is illegal to distribute or possess under state or federal law.

(Ord. No. 2017-355, § 1, 6-14-2017)

A. Possession or cultivation of marijuana on private residential property strictly for the personal use and benefit of one (1) or more residents on the property, where the marijuana cultivation and related activities are non-commercial and occur entirely within the confines of a fully enclosed and secure primary dwelling unit, or within a fully enclosed and secure accessory structure thereto, in compliance with Section 17.12.125 of Title 17 of this Code and compliant with the limits and requirements established under California Health and Safety Code Sections 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45 and any other applicable state laws.

B. Delivery or transport of marijuana within the city by a person or entity licensed to provide such transport or delivery service by the California Department of Consumer Affairs and by the California Bureau of Marijuana Control, where such delivery service is accomplished via public roadways, does not originate from a location within the city, and conforms to the parameters and limitations established by California Health and Safety Code sections 26080 and 26090 and any other applicable state laws.

C. Possession or cultivation of marijuana or marijuana products for personal medical use by a qualified patient, consistent with a physician's recommendation, and conducted by the qualified patient or his or her primary caregiver in accordance with the parameters and limitations set out in sections 11362.5 and sections 11362.7 through 11362.83 of the California Health and Safety Code and any other applicable state laws.

D. The personal use or cultivation of marijuana or marijuana products as allowed under subsections (A) and (C) in this section shall be conducted within a fully enclosed and secure structure which does not permit visual or olfactory evidence of cultivation detectable from the public right-of-way, and shall not:

1. Displace any space used for required on-site parking of a motor vehicle.

2. Utilize lighting that exceeds one thousand two hundred (1,200) watts.

3. Utilize an electric generator.

4. Utilize gas products including, but not limited to, carbon dioxide, butane, or flammable gas.

(Ord. No. 2017-355, § 1, 6-14-2017)

No conduct which is protected from criminal liability pursuant to the Control, Regulate and Tax Adult Use of Marijuana Act (California Health and Safety Code, §§ 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45), the Compassionate Use Act (Health and Safety Code, § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code, §§ 11362.7 through 11362.83) shall be made criminal by this Code. Conduct or uses which violate the requirements of this section are a nuisance, and shall be subject to non-criminal remedies, including, but not limited to, administrative citations and abatement.

(Ord. No. 2017-355, § 1, 6-14-2017)