§ 30-52. A MORATORIUM ON THE ESTABLISHMENT OF ALL COMMERCIAL MEDICAL MARIJUANA USES IN…

INCLUDING DELIVERIES; PROHIBIT ALL MEDICAL MARIJUANA CULTIVATION, WITH CERTAIN EXCEPTIONS.

• [1] Editor's Note: Ordinance No. 2276 extended Interim Ordinance No. 2274 prohibiting all commercial medical marijuana uses in the City including deliveries and all medical marijuana including cultivation for medical use by a qualified patient or primary caregiver.

[Ord. #2276 § 1]

The City Council finds that the facts set forth in the Recitals, Part A (Preamble of Ord. No. 2276), of this Ordinance are true and correct.

[Ord. #2276 § 2]

Pursuant to Government Code Section 65858 , the City Council may adopt as an urgency measure, an Ordinance that prohibits any uses that may be in conflict with a contemplated zoning proposal which a legislative body, Planning Commission, or Planning and Economic Development Department is considering or studying or intends to study within a reasonable period of time.

[Ord. #2276 § 3]

The City Council hereby extends the current, interim prohibition on the establishment, operation, maintenance, or conduct of any commercial medical marijuana activity, medical marijuana deliveries, and commercial medical marijuana cultivation in all zones of the City, as established by Interim Ordinance No. 2274. For purposes of this Ordinance, the following terms apply:

CANNABIS

Shall have that meaning set forth in the MCRSA, as the same may be amended from time to time, and shall include all parts of the plant 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 marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "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 Ordinance, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

COMMERCIAL CANNABIS ACTIVITY

Shall have that meaning set forth in the MCRSA, as the same may be amended from time to time, and shall include cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, or distribution, as those terms are defined or used in the MCRSA, and/or sale, of medical cannabis or a medical cannabis product, except as provided in Section 7 of Senate Bill No. 643 (2015-2016).

COOPERATIVE

Shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical cannabis, with or without compensation.

CULTIVATION

Shall have the same meaning set forth in the MCRSA, as the same may be amended from time to time, and shall include any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

DELIVERY

Shall have the same meaning as set forth in the MCRSA, as the same may be amended from time to time, and shall include the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined by the bureau to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, or a testing laboratory. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under the MCRSA, which enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.

DISPENSARY

Shall have the same meaning as set forth in the MCRSA, as the same may be amended from time to time, and shall include any facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale. "Dispensary" shall also include "dispensary" as defined in Compton Municipal Code subsection 9-24.2 , and a cooperative as defined herein.

MCRSA

Shall collectively mean the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, as the same may be amended from time to time. The MCRSA was formerly known as the MMRSA or Medical Marijuana Regulation and Safety Act.

MEDICAL CANNABIS, MEDICAL CANNABIS PRODUCT, OR CANNABIS PRODUCT

• Shall have the same meanings as set forth in the MCRSA, as the same may be amended from time to time.

Notwithstanding the provisions of Compton Municipal Code subsection 9-24.2 , "Primary caregiver" shall have the same meaning as set forth in Health and Safety Code § 11362.7 , as the same may be amended from time to time.

Notwithstanding the provisions of Compton Municipal Code subsection 9-24.2 , "Qualifying patient" or "Qualified patient" shall have the same meaning as set forth in Health and Safety Code § 11362.7 , as the same may be amended from time to time.

[Ord. #2276 § 4]

• a. Commercial cannabis activities of any type or nature are expressly prohibited in all zones and all specific plan areas in the City of Compton. No person shall establish, operate, maintain, conduct or allow commercial cannabis activity anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis activity, shall be approved during the term of the prohibition established in this Ordinance.

• b. To the extent not already prohibited by paragraph a above, all deliveries of medical cannabis and/or medical cannabis products to or from the City of Compton are expressly prohibited within the City of Compton. No person shall conduct or perform any delivery of any medical cannabis or medical cannabis product, which delivery either originates or terminates within the City.

• c. This section is meant to prohibit all activities for which a State license is required pursuant to the MCRSA. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MCRSA.

• d. Cultivation of cannabis for commercial or non-commercial purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all zones and all specific plan areas in the City of Compton. No person, including a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the City, even for medical purposes. Due to the passage of Proposition 64, this prohibition will not apply to the cultivation of up to six live marijuana plants within a single private residence, or inside an accessory structure to a private residence located upon the grounds of private residence that is fully enclosed and secure, as this activity is specifically authorized by Health and Safety Code section 11362.2 .

• e. Nothing in this Ordinance, or its adoption, shall be deemed to affect any other prohibitions or regulations relating to marijuana contained in the Compton Municipal Code, including, but not limited to, the provisions of subsections 9-24.1 through 9-24.6 of the Compton Municipal Code. In the event of any conflict between said subsections and this Ordinance, the most restrictive provision shall govern. Nothing in this Ordinance shall be deemed to affect or excuse any violation of subsections 9-24.1 through 9-24.6 of the Compton Municipal Code.

• f. In the event of any conflict between this Ordinance and State law, State law will govern.

[Ord. #2276 § 5]

Nothing in this Ordinance shall be interpreted to the effect that the City's permissive zoning scheme allows any other use not specifically listed therein.

[Ord. #2276 § 6]

Any use or condition caused, or permitted to exist, in violation of any provision of this Ordinance shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City pursuant to Code of Civil Procedure section 731 or by any other remedy available to the City.

[Ord. #2276 § 7]

Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. Notwithstanding the foregoing, nothing in this Ordinance shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code section 11362.71 , et seq.

[Ord. #2276 § 8]

In addition to any other enforcement permitted by this Ordinance, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this Ordinance. In any civil action brought pursuant to this Ordinance, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

[Ord. #2276 § 9]

This Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Provisions of the City's permissive zoning ordinance already prohibit uses that are being expressly prohibited by this Ordinance. Therefore, this Ordinance has no impact on the physical environment as it will not result in any adverse changes to the environment.

[Ord. #2276 § 10]

If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, 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 Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

[Ord. #2276 § 11]

This Ordinance shall become operative concurrent with the expiration of Interim Ordinance No. 2274 and shall expire, and the prohibition established hereby shall terminate, 10 months and 15 days after said effective date pursuant to and subject to California Government Code Section 65858 , unless further extended by the City Council pursuant to California Government Code section 65858 .

§ 30-53. AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON PROHIBIT ALL COMMERCIAL NON-MEDICAL MARIJUANA ACTIVITY IN THE CITY; PROHIBIT OUTDOOR MARIJUANA CULTIVATION ON PRIVATE RESIDENCES.