Chapter 16.92 — MARIJUANA-RELATED USES AND ACTIVITIES

Chapter 16.92 - MARIJUANA-RELATED USES AND ACTIVITIES

For purposes of this chapter and Appendix A, the following definitions shall apply:

"Commercial marijuana activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana and marijuana products.

"Cultivation" means any activity involving the planting, growing, cultivating, harvesting, drying, curing, grading, trimming or processing of marijuana.

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this division, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

"Dispensary" means a facility or location, whether fixed or mobile, where marijuana, marijuana products, or devices for the use of marijuana are offered, made available to, or provided, either individually or in any combination, with or without remuneration, for medical, recreational, or other purposes.

"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

"Marijuana" means all parts of the plant Cannabis sativa L., 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" includes "medical marijuana" for the purposes set forth in the Medical Marijuana Program Act (Health & Safety Code Sections 11362.7 to 11362.83) and the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SB 643.)

"Marijuana accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

y kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

"Marijuana-related activity" means any commercial marijuana activity, cultivation of marijuana, delivery of marijuana or marijuana products, distribution of marijuana or marijuana products, dispensing of marijuana or marijuana products, manufacture of marijuana or marijuana products, sale of marijuana or marijuana products, and the operation or establishment of a marijuana or medical marijuana cooperative, dispensary, delivery service, or provider. "Marijuana-related activity" does not include the cultivation, planting, harvesting, drying, processing or possession of up to six marijuana plants at one time by a person twenty-one (21) years of age or older when conducted within a single private residence and in a manner consistent with Health & Safety Code Section 11362.2 and any other applicable regulations.

"Marijuana cultivation facility" means a facility where marijuana is cultivated, prepared, and packaged for sale to marijuana dispensaries, to marijuana product manufacturing facilities, or to other marijuana cultivation facilities, but not to consumers.

"Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a marijuana dispensary.

"Marijuana product manufacturing facility" means a facility where marijuana and marijuana products are manufactured, prepared and packaged for sale to other marijuana product manufacturing facilities or to marijuana dispensaries, but not to consumers.

"Marijuana products" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

"Marijuana storage facility" means a facility used for the storage of marijuana, marijuana products or marijuana accessories.

"Marijuana testing facility" means a facility where marijuana is analyzed and certified for safety and potency.

"Private residence" means a house, an apartment unit, a mobile home, or other similar habitable dwelling.

(Ord. No. 307, § 4, 2-28-2017)

The establishment or operation of any commercial marijuana activity, marijuana-related activity, or marijuana establishment, including any business licensed by the state or other government entity pursuant to Division 10 of the Business & Professions Code, as it may be amended from time to time, is prohibited in all zoning districts and specific plan areas of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, can be approved or issued for the establishment or operation of any such business or activity.

(Ord. No. 307, § 4, 2-28-2017)

16.92.030 - Cultivation of marijuana for personal use.

A.

Outdoor Cultivation. The outdoor cultivation of marijuana is prohibited in the City of Chino Hills regardless of purpose.

B.

Indoor Cultivation. Not more than six plants may be cultivated, planted, harvested, dried, processed or possessed at one time by a person twenty-one (21) years of age or older when conducted within a single private residence and in a manner consistent with Health & Safety Code Section 11362.2 and any other applicable regulations.

(Ord. No. 307, § 4, 2-28-2017)

The intent of this chapter is to prohibit all marijuana-related uses and activities, including the personal cultivation of marijuana, whether medical or recreational in nature, to the maximum extent allowed under state law. Nothing in this chapter should be interpreted as allowing behavior otherwise prohibited by state law and nothing in this chapter should be interpreted as prohibiting conduct that the city is expressly preempted from prohibiting under state law.

(Ord. No. 307, § 4, 2-28-2017)