California City Municipal Code Art. 2 Definitions

When used in this Chapter, the following words shall have the meanings ascribed to them as set forth herein. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.

(a) "Cannabis" means all parts of the 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 marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "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. For the purpose of this Chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

(b) "Cannabis business activity" includes cultivation, manufacture, processing, laboratory testing, transporting, delivery, distribution, or sale of cannabis or a cannabis product, within the meaning of California Business and Professions Code 19300 et seq.

(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section 109935 of the California Health and Safety Code, or a drug, as defined by Section 109925 of the California Health and Safety Code.

(d) "Cannabis Business" means the businesses of commercial cannabis cultivation, cannabis manufacturer, cannabis testing laboratory, and cannabis distributor.

(e) "Cannabis business permit" means a regulatory permit issued by the City of California City pursuant to this Chapter to a cannabis business and is required before any cannabis activity may be conducted in the City. The initial permit and annual renewal of a cannabis business permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the cannabis activity at issue, compliance with any conditions of approval placed on the use of the Cannabis Business site, and payment of all fees, taxes and any other amounts owed to the City related to the Cannabis Business Activity.

(f) "Cannabis Dispensary Permit" means a regulatory permit issued by the City of California City pursuant to this Chapter to a cannabis dispensary and is required before any cannabis dispensing activity may be conducted in the City. The initial permit and annual renewal of a cannabis dispensary permit is made expressly contingent upon the business' ongoing compliance with all of the requirements of this Chapter, any regulations adopted by the City governing the cannabis activity at issue, compliance with any conditions of approval placed on the use of the Cannabis Dispensary site, and payment of all fees, taxes and any other amounts owed to the City related to the Cannabis dispensary activity. All provisions of this Chapter shall apply to both Cannabis Businesses permits and Cannabis Dispensary permits, except provisions for Cannabis Dispensary permits specifically set forth in this Chapter, in which case the specific provisions related to Cannabis Dispensary permits will control.

(g) "Cannabis Distributor" means a Cannabis Operator permitted pursuant to this Chapter to operate a location or a facility where a Person conducts the business of procuring Cannabis from permitted Cannabis Cultivation Sites or Cannabis Manufacturers for sale to permitted Cannabis Dispensaries, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes prior to transport to permitted Cannabis Dispensaries.

(h) "Cannabis License" means a State license issued pursuant to MAUCRSA, as may be amended from time to time.

(i) "Cannabis Licensee" means a person issued a Cannabis License under MAUCRSA to engage in commercial Cannabis activity.

(j) "Cannabis Nursery" means a location operating as a nursery solely for purposes of supplying immature plants to cannabis cultivation facilities.

(k) "Cannabis Operator" or "Operator" means the person or entity that is engaged in the conduct of any commercial Cannabis use.

(l) "Cannabis Testing Laboratory" means a facility, entity, or site in the State that offers or performs tests of Cannabis or Cannabis Products and is both of the following:

1. Accredited by an accrediting body that is independent from all other Persons involved in the Cannabis Testing Laboratory.

2. Registered with the California Department of Public Health.

(m) "City" or "City of California City" means the City of California City, a California general law city.

(n) "Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis plants or any part thereof for any purpose, including cannabis.

(o) "Cultivation site" means a facility where cannabis is cultivated, propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, and where the operator holds a valid cannabis business permit for cultivation from the City of California City and, a valid state license for cultivation pursuant to the MAUCRSA (as the same may be amended from time to time).

(p) "Delivery" means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined to be authorized by the State of California, or any of its departments or divisions, to anyone for any purpose. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the MAUCRSA (as the same may be amended from time-to-time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products.

(q) "Dispensary" means a cannabis business facility where cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, medical cannabis and medical cannabis products as part of a retail sale, and where the operator holds a valid cannabis business permit from the City of California City authorizing the operation of a dispensary, and a valid state license as required by state law to operate a dispensary.

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

(s) "Distribution" means the procurement, sale, and transport of medical cannabis or cannabis products between cannabis businesses.

(t) "Distributor" means a person holding a valid cannabis business permit for distribution issued by the City of California City, and a valid state license for distribution, pursuant to the MAUCRSA (as the same may be amended from time to time).

(u) "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems.

(v) "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption. An edible medical cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.

(w) "Indoor structure" means a fully enclosed and secured structure, a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, complies with all odor control and other design standards required by this chapter, and which is accessible only through one or more lockable doors and is inaccessible to minors.

(x) "Indoors" means within a fully enclosed and secure structure. The term indoors includes any indoor structures.

(y) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants.

(z) "Manufacturer" means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as defined in this section, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container, where the operator holds a valid cannabis business permit for manufacturing from the City of California City and a valid state license for manufacturing pursuant to the MAUCRSA (as the same may be amended from time to time).

(aa) "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate or manufactured product intended for internal consumption or topical application.

(bb) "Manufacturing site" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid Cannabis business permit for manufacturing from the City of California City, and a valid state license for manufacturing pursuant to the MAUCRSA (as the same may be amended from time to time).

(cc) "Marijuana" means "cannabis," as that term is defined in this Chapter.

(dd) "Outdoors" means any location within the City that is not within a fully enclosed and secure structure.

(ee) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

(ff) "State license" means a permit or license issued by the State of California, or one of its departments or divisions, pursuant to Sections 5 and 7 of Article XI of the California Constitution, and the provisions of the "Medicinal and Adult-Use Cannabis Regulation and Safety Act" ("MAUCRSA") (as the same may be amended from time to time) to engage in cannabis activity.

(gg) "Topical cannabis" means a product intended for external use. A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.

(hh) "Transport" means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting cannabis activity authorized by the MAUCRSA (as the same may be amended from time to time).

(ii) "Transporter" means a person issued a state license, and a cannabis business permit by the City of California City, authorizing the transport of cannabis or cannabis products in amounts authorized by the State of California, or by one of its departments or divisions under the MCRSA.

( Ord. No. 18-766, § 2, 8-28-2018 )