Compton Municipal Code § 9-24 Marijuana

[Ord. #2282]

a. The purpose of this section is to expressly prohibit commercial marijuana activity in the City. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

b. Business and Professions Code section 19320(a) provides that a person must hold both a state and local license to engage in commercial medical marijuana activity. Business and Professions Code section 26055(e) provides that a state licensing authority shall not approve an application for a state license for a non-medical marijuana business if approval of the state license will violate the provisions of any local ordinance. Business and Professions Code section 19340(a) provides that deliveries of marijuana can only be made in a city that does not explicitly prohibit it by local ordinance.

c. Health and Safety Code section 11362.2(b) provides that a city may enact and enforce reasonable regulations on marijuana cultivation activities. Health and Safety Code section 11362.2(b) also authorizes a city to completely prohibit persons from cultivating marijuana outdoors upon the grounds of a private residence.

d. The City Council finds that a prohibition on all commercial marijuana activity and marijuana deliveries is necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's prohibition of such activity is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community.

e. The City Council finds that a prohibition on all outdoor residential cultivation and the application of reasonable regulations on indoor residential cultivation is necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's regulation of such activity is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community.

[Ord. #2282]

The following terms and phrases, whenever used in this § 9-24, shall be construed as defined in this section:

AUMA

Shall mean the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.

COMMERCIAL MARIJUANA ACTIVITY

Shall include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products, whether or not for profit. Commercial marijuana activity also includes the activities of any business licensed by the state or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.

CONCENTRATED CANNABIS

Shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code section 19300.5, as the same may be amended from time to time.

CULTIVATION

Shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

DELIVERY

Shall mean 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 California law, which enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

DISTRIBUTION

Shall mean the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.

FULLY ENCLOSED AND SECURE STRUCTURE

Shall mean a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

INDOORS

Shall mean within a fully enclosed and secure structure.

LICENSEE

Shall mean the holder of any state-issued license related to marijuana activities, including but not limited to licenses issued under Chapter 3.5 of Division 8 and Division 10 of the Business and Professions Code.

MANUFACTURE

Shall mean to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

MARIJUANA

Shall mean all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:

a.

Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or

b.

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

MARIJUANA ACCESSORIES

Shall mean 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.

MARIJUANA PRODUCT

Shall mean 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.

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, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.

OUTDOORS

Shall mean any location that is not within a fully enclosed and secure structure.

PERSON

Shall include any individual, firm, copartnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

PRIVATE RESIDENCE

Shall mean a house, an apartment unit, a mobile home, or other similar dwelling, whether legal and conforming to the underlying zoning, or legal and non-conforming to the underlying zoning, that is currently in use as a residence.

SALE

Shall include any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.

[Ord. #2282]

a. Commercial marijuana activity is expressly prohibited everywhere in the City. No person shall establish, operate, maintain, conduct, allow or engage in commercial marijuana activity anywhere within the City. The City shall not approve any application for a business license or any other permit or entitlement authorizing the establishment, operation, maintenance, development, or construction of any business that engages in commercial marijuana activity.

b. A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City.

c. Paragraph a above is meant to prohibit all activities for which a state license is required pursuant to the MCRSA or the AUMA. 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 or the AUMA. The City shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code § 26070.5.

d. To the extent not already prohibited by Paragraph a above, all deliveries of marijuana or marijuana products to or from any location in the City are expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the City.

[Ord. #2282]

a. The prohibition in Subsection 9-24.3a above shall not prohibit the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, to the extent the cultivation complies with Paragraph c below.

b. The prohibition in Subsection 9-24.3a above shall not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, or (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code Section 11362.1.

c. Residential Marijuana Cultivation.

1. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for the cultivation of marijuana except in strict compliance with the requirements set forth below. Marijuana cultivation shall only occur indoors at a private residence, garage, and accessory structure in conformance with the standards set forth below.

(a) Only a person who is at least 21 years old may cultivate marijuana.

(b) Marijuana cultivation is permitted only within fully enclosed and secure structures.

(c) Marijuana cultivation areas shall not be accessible to persons under 21 years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.

(d) Marijuana cultivation shall be limited to six plants total, whether immature or mature, regardless of how many persons over the age of 21 reside at the residence.

(e) Marijuana cultivation shall only take place on impervious surfaces.

(f) The use of gas products (CO2, butane, etc.) or CO2 and Ozone generators for marijuana cultivation or processing is prohibited.

(g) The use of marijuana extraction and concentration techniques, including but not limited to butane, CO2 or ethanol, to manufacture concentrated cannabis is strictly prohibited.

(h) Marijuana cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.

(i) The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The foregoing rooms and areas shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing, or any other residential purpose for which the rooms, space or area was intended.

(j) Any structure used for the cultivation of marijuana shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right of way.

(k) No person shall cultivate marijuana in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold, or vibration that is or whose effect is either detrimental to public health, safety, or welfare, or that interferes with the reasonable enjoyment of life or property.

(l) A portable, fully charged fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in every room or area where marijuana cultivation occurs.

(m) Prior to performing any work on electrical wiring in or upon the residence, including any modifications, repair, or rewiring, the property owner shall first obtain a building, mechanical and/or electrical permit, as required, from the building division.

[Ord. #2282]

In addition to any other enforcement permitted by § 1-6 of the Compton Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party. No provision of § 1-6 or this § 9-24 shall authorize a criminal prosecution, arrest, or penalty prohibited by Health and Safety Code Section 11362.71, et seq. or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under § 1-6 or this § 9-24 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. The remedies set forth in this section are not exclusive of any other remedies available by state or federal laws, including but not limited to property and asset forfeiture.