Citrus Heights Municipal Code Art. I Commercial Cannabis Businesses

(a) In enacting this article, it is the intent of the City Council of the City of Citrus Heights to protect the safety and welfare of the general public. The Federal Controlled Substances Act, 21 U.S.C. section 841, prohibits the possession, sale and distribution of marijuana, and the city council finds that sanctioning the opening or establishment of medical marijuana dispensaries or other commercial medical or adult-use marijuana businesses would be inconsistent with federal law. Further, the California State Legislature, in enacting the Medicinal and Adult-Use Cannabis Regulation and Safety Act (SB 94, 2017) has affirmed the city's authority to prohibit all commercial marijuana businesses within its jurisdiction.

(b) Furthermore, the city council finds that marijuana businesses are public nuisances in that many violent crimes have been committed that can be traced back to the proliferation of these businesses, including armed robberies and murders. Increased noise and pedestrian traffic, including nonresidents in pursuit of marijuana, and out of area criminals in search of prey, are commonly encountered near marijuana collectives, cooperatives and dispensaries and other marijuana businesses. The city council further finds that it is reasonable to conclude that commercial marijuana businesses are likely to cause many of these same adverse impacts.

(c) Allowing medical marijuana collectives, cooperatives and dispensaries, or allowing any commercial marijuana businesses, would be inconsistent with the city's mission to be the city of choice for residents and businesses to prosper and thrive and be a model of "neighborhood engagement" because medical marijuana dispensaries attract crime and detract from legitimate businesses. Therefore, in order to protect the integrity of the city and the goals upon which this city were founded, the city council finds that it is in the best interest of the residents of the city to prohibit marijuana dispensaries and other medicinal and adult-use commercial marijuana businesses.

(d) The purpose of this article is to prohibit all marijuana-related businesses (whether for medicinal or adult-use) from being opened or established in the city. Nothing in this article shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. No. 2020-001, § 1, 2-13-2020)

For the purpose of this article, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter shall have the meaning given them in this section.

City means the City of Citrus Heights.

Commercial marijuana business means any activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, Business and Professions Code § 26000 et seq., including but not limited to marijuana cultivation, distribution, manufacturing, transporting and testing.

Commercial non-medical or adult-use marijuana business means any activity licensed by Business and Professions Code § 26000 et seq., including but not limited to non-medical marijuana cultivation, distribution, manufacturing, retail, testing, and operation of a microbusiness.

Medical marijuana means marijuana used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et seq.).

Medical marijuana dispensary or dispensary means:

(1) Any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more of the following: A qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with Health and Safety Code § 11362.5 et seq.; or

(2) Any facility, building, structure or location where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively, distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant in Health and Safety Code § 11362.5 et seq., and such group is organized as a medical marijuana cooperative or collective as set forth in the attorney general guidelines. The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in Health and Safety Code § 11362.5 et seq.

For purposes of this article, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by applicable law and complies strictly with applicable law, including but not limited to, Health and Safety Code § 11362.5 et seq.:

(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

(3) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;

(5) A residential hospice, or a home health agency licensed pursuant to Chapter 8 of the Health and Safety Code.

Medical marijuana products means medical 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 tropical product containing marijuana or concentrated cannabis and other ingredients.

Person means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

(Ord. No. 2020-001, § 1, 2-13-2020)

Marijuana-related business are prohibited to locate or operate within the City of Citrus Heights, except marijuana deliveries may be made in accordance with section 47-4 below. Marijuana-related business includes both medical and adult-use marijuana businesses described in the Medicinal and Adult-Use Cannabis Regulation and Safety Act as cultivators, manufacturers, retailers, microbusinesses distributors, testing facilities, or delivery businesses.

(Ord. No. 2020-001, § 1, 2-13-2020)

Lawfully licensed marijuana dispensaries (either medical or adult-use) from jurisdictions outside the City of Citrus Heights may make deliveries of marijuana or marijuana products pursuant to state law.

(Ord. No. 2020-001, § 1, 2-13-2020)

(a) Violation of this article is a public nuisance and shall be a misdemeanor.

(b) Nothing in this article in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, for violations of this article. Such additional remedies, include, but are not limited to, injunctive relief, administrative citations, or a cause of action under the California Narcotics Nuisance Abatement Act (Health and Safety Code § 11570).

(Ord. No. 2020-001, § 1, 2-13-2020)