City of Industry Municipal Code Ch. 9.94 Recreational Marijuana

It is the purpose and intent of this chapter to prohibit the cultivation, processing, manufacturing, laboratory testing, labeling, storing, and wholesale and retail distribution of cannabis in the city.

(Ord. 803 § 3, 2017)

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

"Cannabis"

shall have the same meaning as "cannabis" under California Business and Professions Code Section 19300.5(f) and California Health and Safety Code Sections 11018 and 11018.1.

"Private residence"

shall mean a house, apartment unit, mobile home, or other similar dwelling.

(Ord. 803 § 3, 2017)

A. A person may not plant, cultivate, harvest, dry, or process cannabis outdoors in any zoning district in the city. No use permit, building permit, business permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved for any such use or activity within the city.

B. Any commercial or industrial use involving cannabis, including, but not limited to, the cultivation, processing, manufacturing, laboratory testing, labeling, storing, delivery, transportation, and wholesale and retail distribution of cannabis, and all cannabis derivatives, is prohibited. No use permit, building permit, business permit, land use entitlement, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved for any such use or activity.

(Ord. 803 § 3, 2017)

A person may not plant, cultivate, harvest, dry, or process cannabis inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, unless otherwise permitted by state law. Notwithstanding the foregoing, the city may, by resolution, adopt regulations, including an application process, for the personal cultivation of cannabis inside a private residence.

(Ord. 803 § 3, 2017)

Any violation of this chapter shall be subject to any enforcement remedies available under the law and/ or the city of Industry Municipal Code, including, but not limited to, Chapter 1.08 and Chapter 1.30. In addition, the city may enforce the violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized under the law. In addition to the penalties set forth herein, any violation of this chapter is declared to be a public nuisance and may be abated by the city either pursuant to Chapter 1.30 of the city of Industry Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions.

(Ord. 803 § 3, 2017)