Chowchilla Municipal Code Ch. 9.11 Use, Consumption, Cultivation, Manufacturing, Processing, Testing,…

It is the purpose and intent of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents of the city of Chowchilla by: regulating the public use and consumption of medical and non-medical cannabis, regulating the individual indoor and outdoor cultivation of cannabis, the commercial cultivation of cannabis, as well as the processing, extraction, manufacturing, testing, transportation, delivery distribution and sale of cannabis and cannabis-derived products, for medical and non-medical purposes.

It is also the purpose and intent of this chapter to reasonably accommodate the needs of medically-ill persons in need of cannabis and cannabis products for medical purposes, as advised and recommended by their health care provider(s), and to implement the Adult Use Marijuana Act (AUMA), while imposing regulations to protect the city's neighborhoods, residents, and businesses from negative impacts.

Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes which violate state or federal law.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

For the purposes of this chapter, these words and phrases shall be defined as follows:

"Authorized grower" means a person, twenty-one years and older, who is authorized by, and in compliance with, federal or state law to cultivate cannabis indoors for personal or medical use.

"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 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. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

"Cannabis 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 cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

"Cannabis products" means cannabis 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 cannabis or concentrated cannabis and other ingredients, and includes cannabis products intended for use on, or consumption by, an animal. Cannabis products are not considered food as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.

"Caregiver" or "primary caregiver" has the same meaning as that term is defined in Section 11362.7 of the California Health and Safety Code.

"City" shall mean the city of Chowchilla, a California General Law City.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events.

"Cultivation" means any activity, whether occurring indoors or outdoors, involving the planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

"Dispensary" means a commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or 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, cannabis and cannabis products as part of a retail sale.

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

"Distribution" means the procurement, sale, and transport of cannabis and/or cannabis products between licensees.

"Distributor" means a licensee that is authorized to engage in the distribution of cannabis and cannabis products.

"Fully enclosed and secure structure" means a fully-enclosed space within a building that complies with the California Building Code ("CBSC"), that has a complete roof, four solid walls made of masonry, metal or wood; a foundation, slab, or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, is accessible only through one or more lockable doors, and is not visible from a public right-of-way. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. For purposes of this chapter, any building within which cultivation of medical cannabis occurs, and any improvements within such building, shall meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves shall have been properly permitted and inspected.

"Laboratory testing" means offering or performing testing and/or activities relating to evaluation of, or assessing the quality and/or characteristics of, cannabis or cannabis products; carried out by any entity, accredited and licensed by the state of California, bureau of marijuana control, or otherwise accredited by any other independent accrediting body, within a facility or at any other location.

"Licensee" means a state license issued under Division 10 of the California Business and Professions Code, and includes both an A-license and an M-license, as well as a testing laboratory license.

"Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application.

"Marijuana" means "cannabis," as that term is defined in this chapter. "Cannabis" and "Marijuana" may be used interchangeably, but shall have the same meaning.

"Mature cannabis plant" means a cannabis plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

"Medicinal cannabis" or "medicinal cannabis product" means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.

"Patient" or "qualified patient" means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card. For purposes of this definition only, "identification card" means a document issued by the department that identifies a person authorized to engage in the medical use of cannabis and the person's designated primary caregiver, if any.

"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.

"Person with an identification card" shall have the meaning given that term by California Health and Safety Code Section 11362.7.

"Transportation" means the conveyance by a person, issued a state license authorizing the point-to-point movement of cannabis or cannabis products, in amounts authorized by the state of California, or by one of its departments or divisions under the MCRSA and/or AUMA.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018; Ord. No. 515-23, §§ 1, 2, 11-14-2023)

It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person to smoke, ingest, use, or otherwise consume cannabis in any public place, in or on streets, sidewalks or other areas open to public view, or in or on any city owned, leased or occupied premises. This prohibition does not apply to use or consumption so long as such use or consumption, otherwise in compliance with this chapter, occurs entirely inside a private residence, and where no smoke or odor resulting from that use or consumption may be detected from any neighboring property or residence.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying or having charge or possession of any parcel within any zoning district within the city to cause or allow such premises to be used for the outdoor cultivation of cannabis plants.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

To the extent that the city is required under state law to permit indoor cultivation of noncommercial marijuana for medical and non-medical personal use, the rules set forth in this section shall apply.

A. The marijuana cultivation area shall be located indoors, in a residence occupied by the grower as their primary residence, within a residential "fully enclosed and secure structure" as such is defined by this chapter. The cultivation area shall not exceed one hundred twenty square feet and shall not exceed ten feet in height, nor shall it come within twelve inches of the ceiling or any cultivation lighting.

B. Marijuana cultivation lighting shall not exceed one thousand two hundred watts in total for the total cultivation area within the residence.

C. The use of gas products such as but not limited to CO 2 , butane, methane, or any other flammable or non-flammable gas for marijuana cultivation or processing is prohibited.

D. There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

E. Cultivation may only be conducted by the property owner of the subject property or a resident of the subject property with written permission of the property owner of the subject property to conduct cultivation.

F. The authorized grower shall not participate in marijuana cultivation in any other location within the city.

G. The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

H. The marijuana cultivation area shall comply with the current adopted edition of the California Building Code Section 1203.4 Natural Ventilation or Section 402.3 Mechanical Ventilation (or equivalent), as amended from time to time.

I. The building official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers.

J. The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

K. No more than six marijuana plants collectively, whether mature or immature, per residence, are permitted for indoor personal cultivation under this chapter.

L. Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation under this chapter must be kept in a locked space on the grounds of the private residence not visible from the public right-of-way.

M. City code enforcement and/or the police department shall have the right to inspect the premises of all persons holding permits for cultivation to ensure compliance with this chapter without advance notice to the permit holder.

N. Prior to commencing cultivation, the individual grower shall be required to demonstrate compliance with this section. The grower must receive a satisfactory inspection of the premises and indoor cultivation area prior to commencing any cultivation, thereafter, the grower must maintain permitted status on a continual basis with a minimum annual inspection of the indoor cultivation area.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

A. It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana for a specifically authorized purpose within a private residence in a residential zone, and such authorized grower is complying with all requirements of this chapter.

B. No person shall grow marijuana upon any parcel until and unless they first secure a permit from the building department, pay such fee as may be required and set forth by resolution of the city council and pass an inspection by the city's code enforcement officer. Upon passing inspection, permits must be signed by the city code enforcement officer and chief of police, or his or her designee, cultivation is prohibited until such time as the requirements of this section are fully satisfied. Indoor cultivation areas must be inspected on at least an annual basis, and pass inspection for a grower to maintain status as an authorized grower.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

Cannabis cultivation and commercial cannabis business activities are prohibited within the geographic boundaries of the city of Chowchilla. Such activities include, but are not limited to: the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of cannabis or cannabis product, and are expressly prohibited in the city of Chowchilla.

A. Dispensaries not Permitted. It shall be unlawful for any person, limited liability company, corporation, collective, cooperative or any other entity to manage or operate a dispensary or business which sells, exchanges, barters, transfers, delivers and/or promotes, any cannabis or cannabis products in the city.

B. Delivery From, or to Addresses Within the City Prohibited. Except as provided within section 9.11.080, delivery of cannabis by a delivery service or a nonretail business shall not be permitted pursuant to this chapter. It shall be unlawful for any person, limited liability company, corporation , collective, cooperative or any other entity to manage or operate a delivery service operation which sells, exchanges , barters, transfers , delivers and/or promotes , any cannabis or cannabis products in the city for commercial purpose.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018; Ord. No. 515-23, § 3, 11-14-2023)

A. The delivery of cannabis is prohibited in the city, except for delivery of medicinal cannabis in compliance with Section 26322 of the California Business and Professions Code.

B. All licensees delivering medicinal cannabis, pursuant to the requirements of Section 26322 of the California Business and Professions Code, must comply with the rules and regulations promulgated under Sections 15414 through 15421 of the California Code of Regulations.

(Ord. No. 515-23, § 4, 11-14-2023)

Unless specifically provided elsewhere to the contrary, whenever an appeal is provided for in this title from a decision of the chief of police or city administrator or his/her designee(s), the appeal shall be conducted as prescribed in this section.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

A. Within ten calendar days after the date of a decision of the chief of police or city administrator or his/her designee(s) to revoke, suspend or deny a permit, or to add conditions to a permit, an aggrieved party may appeal such action by filing a written appeal with the city clerk setting forth the reasons why the decision was not proper.

B. At the time of filing the appellant shall pay the designated appeal fee, established by resolution of the city council from time to time.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

A. Upon receipt of the written appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall hear the matter de novo, and shall conduct the hearing pursuant to the procedures set forth by the city.

B. The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than ninety days from the date of such filing. The city shall notify the appellant of the time and location at least ten days prior to the date of the hearing.

C. At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing.

D. At the conclusion of the hearing the city council may affirm, reverse or modify the decision appealed. The decision of the city council shall be final.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

The city is authorized to establish fees by resolution of the city council, for the costs of issuance of permits and any and all other related costs pursuant to this title. The amount of any fee, cost or charge imposed pursuant to this title shall be deemed a debt to the city of Chowchilla that is recoverable via an authorized administrative process as set forth in the Municipal Code, or in any court of competent jurisdiction.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city to create a public nuisance in the course of use, consumption or cultivation of marijuana plants or any part thereof in any location, indoor or outdoor. Each and every violation of the provisions of this title is hereby deemed unlawful and a public nuisance.

A public nuisance may be deemed to exist, if such activity produces:

A. Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public.

B. Repeated responses to the parcel by law enforcement personnel.

C. Noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public.

D. Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling.

E. Outdoor growing and cultivation of marijuana.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

The person to whom a permit is issued pursuant to this title shall be responsible for all violations of the laws of the state of California or of the regulations and/or the ordinances of the city of Chowchilla, whether committed by the permittee or any other individual, which violations occur in or about the premises of the authorized grower whether or not said violations occur within the permit holder's presence.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

Each and every violation of this title shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Chowchilla Municipal Code. Additionally, as a nuisance per se, any violation of this title shall be subject to injunctive relief, any permit issued pursuant to this title being deemed null and void, disgorgement and payment to the city of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the city administrator, chief of police or his/her designee(s), may take immediate action to temporarily suspend a permit issued by the city, pending a hearing before the city council.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Chowchilla Municipal Code. None of the penalties or remedies authorized by, or set forth in, the Chowchilla Municipal Code shall prevent the city from using any other penalty or remedy under state statute which may be available to enforce this section or to abate a public nuisance.

Violation of this chapter shall constitute a crime punishable as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars or imprisonment in the county jail for a period of not more than twelve months, or by both such fine and imprisonment. For purposes of this chapter, penalties for violations of local cannabis regulations shall be applied on a per-plant, per-day basis. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

If any section, subsection, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)

The city clerk of the city of Chowchilla, or their designee is hereby designated as the city's primary contact person to interact with state agencies regarding the implementation and application of this chapter, and for any questions relating to local regulations. The city clerk shall provide a copy of this ordinance [from which this chapter derives] along with a matrix of cannabis-related activities and indicate which are allowed or prohibited by this chapter or other local regulations.

(Ord. No. 489-18, § 3(Exh. A), 2-27-2018)