Contra Costa County Municipal Code Art. 413-4.2 General Provisions

The purpose of this chapter is to regulate commercial cannabis activities, as authorized by the Control, Regulate, and Tax Adult Use of Marijuana Act, and by the Medicinal and Adult Use Cannabis Regulation and Safety Act, by requiring all persons engaged in commercial cannabis activities or engaged in cannabis deliveries to obtain a county health permit in addition to all other licenses and permits required by the county and the state. The requirements of this chapter are in addition to all other applicable requirements of this Code and all applicable state laws and regulations.

(Ord. No. 2018-23, § II, 8-7-18)

This chapter applies in the unincorporated area of the county.

(Ord. No. 2018-23, § II, 8-7-18)

(a) Except as otherwise provided in subdivision (b), the definitions set forth in Division 10 of the Business and Professions Code, and the definitions set forth in Health and Safety Code section 11362.7, apply to this chapter.

(b) The following terms have the following meanings for purposes of this chapter:

(1) "Characterizing flavor" means a distinguishable taste or aroma imparted by a cannabis product or any byproduct produced by the cannabis product that is perceivable by an ordinary consumer by either the sense of taste or smell, other than the taste or aroma of cannabis. A "characterizing flavor" includes, but is not limited to, a taste or aroma relating to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.

(2) "Commercial cannabis activity" means any of the following: the retail sale of cannabis or cannabis products under Section 88-28.412; the commercial cultivation of cannabis under Section 88-28.414; the manufacturing of cannabis or cannabis products under Section 88-28.416; cannabis testing under Section 88-28.418; and the distribution of cannabis or cannabis products under Section 88-28.420. "Commercial cannabis activity" includes the delivery of cannabis or cannabis products from a retail location in the unincorporated area of the county to any location in the unincorporated area of the county, but does not include deliveries from a location outside the unincorporated area of the county to any location in the unincorporated area of the county.

(3) "Constituent" means any ingredient, substance, chemical, or compound, other than cannabis or water, that is added by the manufacturer to a cannabis product during the processing, manufacture, or packaging of the cannabis product.

(4) "Deliver" or "delivery" means the commercial transfer of cannabis or cannabis product from a retailer to a customer, whether the delivery is a commercial cannabis activity or a delivery from a location outside the unincorporated area of the county to any location in the unincorporated area of the county.

(5) "Director" means the director of environmental health.

(6) "Flavored cannabis product" means any cannabis product that contains a constituent that imparts a characterizing flavor. A cannabis product whose labeling or packaging contains text or an image indicating that the product imparts a characterizing flavor is presumed to be a flavored cannabis product.

(7) "Self-service display" means the open display or storage of cannabis or cannabis products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display.

(8) "State license" or "license" means a license issued pursuant to Division 10 of the Business and Professions Code, sections 26000 through 26231.2.

(9) "Volatile solvent" means any solvent that is or produces a flammable gas or vapor that, when present in sufficient quantities, will create explosive or ignitable mixtures, including, but not limited to, butane, hexane, and propane.

(Ord. No. 2018-23, § II, 8-7-18)