Campbell Municipal Code Ch. 8.38 Medical Marijuana

A. The City Council finds that the prohibitions on marijuana processing, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's prohibition of such activities is within the authority conferred upon the City Council in state law.

B. On October 9, 2015, the governor signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law. The Act became effective January 1, 2016 and contains new statutory provisions that:

1. Allow local governments to enforce new and existing ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana (Health & Safety Code § 11362.777(c)(4));

2. Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business & Professions Code § 19315(a));

3. Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business & Professions Code § 19316(c)); and

4. Require a local government that wishes to prevent marijuana delivery activity, as defined in Business & Professions Code section 19300.5(m) of the Act, from operating within the local government's boundaries to enact an ordinance affirmatively banning such delivery activity (Business & Professions Code § 19340(a)).

C. The City Council finds that this Chapter: (1) acknowledges that existing provisions of Title 21 of the Campbell Municipal Code currently prohibit the processing or dispensing of marijuana in the City, as well as limiting the cultivation of marijuana to six plants located on a residence for the personal use of the residents, and precludes a conditional permit program pursuant to Health & Safety Code section 11362.777 for the cultivation of marijuana in the City; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this Chapter; and (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community .

D. The City Council recognizes that despite the negative impacts identified above, marijuana can provide some benefit to qualified patients. In this regard, the City Council finds that the delivery of medical marijuana to qualified patients from licensed dispensaries located outside of the City of Campbell would provide access to medical marijuana for those patients seeking such medication, while presenting the least negative impact on City resources and the quality of life in Campbell.

(Ord. No. 2197, § 2, 3-1-2016; Ord. No. 2218, § 2, 1-17-2017)

For purposes of this Chapter, the following definitions shall apply:

A. "Marijuana" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); and the term shall also include the substance defined as "cannabis" in section 19300.5 of the California Business and Professions Code or any successor statute thereto;

B. "Marijuana Processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates;

C. "Marijuana Delivery" shall have the same meaning as the term "delivery" defined in section 19300.5 of the California Business and Professions Code or any successor statute thereto;

D. "Marijuana Dispensary" or "Marijuana Dispensaries" means any business, office, store, facility , location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business & Professions Code section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act) . The term shall include a "dispensary" as defined in section 19300.5 of the California Business and Professions Code or any successor statute thereto;

E. "Medical marijuana collective" or "cooperative or collective" means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

F. "Marijuana Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana, including but not limited to the creation or maintenance of a nursery or garden.

G. "Qualified Patient" means a person who has a recommendation or approval of a physician to use marijuana for relief from a serious medical condition.

(Ord. No. 2197, § 2, 3-1-2016; Ord. No. 2218, § 3, 1-17-2017)

(a) Except as provided in subsections (b), (c), (d) and (e) of this section, Marijuana Processing, Marijuana Delivery, Marijuana Cultivation, and Marijuana Dispensaries shall be prohibited activities in the City. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of Marijuana Processing, Marijuana Delivery, Marijuana Cultivation, or the establishment or operation of a Marijuana Dispensary in the City, and no person shall otherwise establish or conduct such activities in the City.

(b) The prohibitions set forth in subsection (a) shall not apply to the extent that such prohibitions are preempted by applicable State or Federal law.

(c) Notwithstanding subsection (a), Marijuana Cultivation is allowed for personal medical use to the same extent, and under the same restrictions as allowed for personal use pursuant to Campbell Municipal Code section 8.40.040.

(d) Notwithstanding subsection (a), Marijuana Delivery shall be allowed from Marijuana Dispensaries located outside of the City of Campbell to Qualified Patients in the City of Campbell, subject to the following restrictions:

(1) Only Marijuana Dispensaries that are licensed under the applicable laws of the State of California, including but not limited to the Medical Cannabis Regulation and Safety Act (California Business and Professions Code sections 19300 et. seq.,) and are operating in compliance with the applicable laws of the local jurisdiction in which the Marijuana Dispensary is located shall be allowed to provide Marijuana Delivery to a Qualified Patient in the City of Campbell;

(2) Prior to commencing Marijuana Deliveries to Qualified Patients in the City of Campbell, the Marijuana Dispensary shall register with the Police Department of the City of Campbell, and provide proof that the Marijuana Dispensary is licensed under the applicable laws of the State of California and operating in compliance with the applicable laws of the local jurisdiction in which the Marijuana Dispensary is located;

(3) Prior to commencing Marijuana Deliveries to Qualified Patients in the City of Campbell, the Marijuana Dispensary shall provide the Campbell Police Department with the names and driver's license numbers of all persons who will be conducting the deliveries; and the Marijuana Dispensary shall notify the Campbell Police Department of any changes in the identities of the persons conducting the deliveries within twenty-four hours of any change in that information; and

(4) Annually, prior to July 1st of each year, the Marijuana Dispensary shall provide the Campbell Police Department with proof that the Marijuana Dispensary's license under the applicable laws of the State of California and authorization to operate in the local jurisdiction in which the Marijuana Dispensary is located is current and in effect

(e) Notwithstanding anything contained in this section or Section 8.40.040 to the contrary, on or after April 1, 2019, but not before then, the City Council may adopt an ordinance prescribing rules and regulations allowing for the operation of a reasonable and appropriate number of Marijuana Dispensaries, provided that:

(1) No Marijuana Dispensary shall be located within any zoning district zoned for residential use;

(2) No Marijuana Dispensary shall be located within any Planned Development or Condominium Planned Development zoning district;

(3) All Marijuana Dispensary operations must be conducted within a secured, fully enclosed building;

(4) No part of any building containing a Marijuana Dispensary shall be located within 100 feet of the closest property boundary of any property zoned for residential use or on which a legally existing residential use is being conducted;

(5) No part of any building containing a Marijuana Dispensary shall be located within 100 feet of the closest property boundary of any Planned Development or Condominium Planned Development zoning district;

(6) No part of any building containing a Marijuana Dispensary shall be located within 600 feet of the closest property boundary of any property on which child day care facility or preschool is located;

(7) No part of any building containing a Marijuana Dispensary shall be located within 600 feet of the closest property boundary of any property on which any schools—K—12, whether public or private are located;

(8) No part of any building containing a Marijuana Dispensary shall be located within 600 feet of the closest property boundary of any park or the Campbell Community Center; and

(9) No property on which a Marijuana Dispensary is located shall be located shall be within 600 feet of any other property on which a Marijuana Dispensary is located, as measured from the closest property boundaries.

Nothing contained in this section shall preclude the City Council from adopting more restrictive provisions should the Council determine that such provisions are necessary to protect the public health, safety, or welfare.

(Ord. No. 2218, § 4, 1-17-2017; Ord. No. 2224, § 4, 4-25-2017)

Editor's note— Ord. No. 2218, § 4, adopted Jan. 17, 2017, amended § 8.38.030 in its entirety to read as herein set out. Former § 8.38.030 pertained to prohibited activities and derived from Ord. No. 2197, § 2, adopted March 1, 2016.

Any violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 2197, § 2, 3-1-2016)

Any violation of this chapter shall be punishable as provided in Chapter 6.10 Campbell Municipal Code or any successor provisions thereto.

(Ord. No. 2197, § 2, 3-1-2016)