Camarillo Municipal Code Ch. 19.55 Cannabis Facilities, Cultivation, and Deliveries

Footnotes:

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Editor's note— Ord. No. 1120, § 3(Exh. A), adopted Jan. 27, 2016, amended Ch. 19.55 in its entirety to read as herein set out. Former Ch. 19.55, §§ 19.55.010—19.55.060, pertained to medical marijuana facilities, and derived from Ord. No. 1052, § 3, 4-14-2010.

"Accessory structure" means a completely enclosed and secure structure and, where required by law, must be constructed pursuant to a building permit issued by the city.

"Cannabis" has the meaning set forth in Business and Professions Code section 26001(f) and includes 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" 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" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Commercial cannabis activity" has the meaning set forth in Business and Professions Code section 26001(k), and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products as provided under MAUCRSA.

"Commercial cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. Commercial cannabis facility also includes any building, facility, use, establishment, property, or location where cannabis and/or cannabis products are sold or distributed in exchange for compensation in any form for medicinal purposes under Health and Safety Code sections 11362.5 and 11362.7 and following.

"Cultivation" has the meaning set forth in Business and Professions Code section 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Medical cannabis" or "medicinal cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code § 11362.7.

"Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5(e) and 11362.7(d).

"Private residence" means, as provided in Health and Safety Code § 11362.2(b)(5), a house, an apartment unit, a mobile home, or other similar dwelling.

"Qualified patient" shall have the meaning set forth in Health and Safety Code section 11362.7(f).

(Ord. No. 1120, § 3(Exh. A), 1-27-2016; Ord. No. 1146, § 3(Exh. A), 11-15-2017)

The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to regulate cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facilities, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare.

(Ord. No. 1120, § 3(Exh. A), 1-27-2016; Ord. No. 1146, § 3(Exh. A), 11-15-2017)

A. Unless otherwise provided by California law, commercial cannabis facilities are prohibited in all zones in the City, except that a delivery-only medicinal cannabis retailer (Type 9 retail license from the State's Department of Cannabis Control with an M-2 designation) may be conditionally permitted in the M-2 zone. Except as otherwise stated in this title, no person or entity may establish or operate a commercial cannabis facility within city limits and a property owner may not allow its property to be used by any person or entity as a commercial cannabis facility.

B. Unless otherwise provided by California law, the delivery of cannabis to any person within the city limits is prohibited. Where permitted by State law, all businesses delivering cannabis within City limits must obtain a City business license and all deliveries must be conducted through the use unmarked vehicle(s). Except for deliveries of medical cannabis, deliveries are permitted to occur only from the hours of 7:00 am to 8:00 pm and deliveries are permitted only to a private residence.

(Ord. No. 1120, § 3(Exh. A), 1-27-2016; Ord. No. 2014, § 4, 11-8-2023)

A. All cannabis cultivation within city limits is prohibited except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside a fully enclosed and secure accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry. If the accessory structure has windows, then the windows must be closed during any times that cannabis is being cultivated or located in the accessory structure.

B. If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence.

C. Persons cultivating cannabis in a residence shall comply with all applicable Building Code requirements set forth in the Camarillo Municipal Code.

D. There shall be no use of gas products (CO 2 , butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

E. All private cultivation under this section shall comply with Health and Safety Code section 11362.2(a)(3).

(Ord. No. 1146, § 3(Exh. A), 11-15-2017)

Any person who violates any provision of this chapter is guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and may be penalized accordingly.

(Ord. No. 1120, § 3(Exh. A), 1-27-2016); Ord. No. 1146, § 3(Exh. A), 11-15-2017)

Violation of any provision of this chapter is subject to penalties as set forth in Municipal Code Chapter 1.12.

(Ord. No. 1120, § 3(Exh. A), 1-27-2016; Ord. No. 1146, § 3(Exh. A), 11-15-2017)

Any violation of this chapter is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief.

(Ord. No. 1120, § 3(Exh. A), 1-27-2016; Ord. No. 1146, § 3(Exh. A), 11-15-2017)