Contra Costa County Municipal Code Art. 88-28.2 General

(a) The purpose of this chapter is to regulate the personal cultivation of cannabis, and the commercial cultivation, distribution, transportation, storage, manufacturing, processing, and sale of medical cannabis and medical cannabis products, and of adult-use cannabis and adult-use cannabis products, 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.

(b) A permit issued under this chapter regulates the location of commercial cannabis activities and regulates the business operations of commercial cannabis activities, as authorized by Business and Professions Code section 26200, Government Code section 65850, and Business and Professions Code section 16100.

(c) The requirements of this chapter are in addition to any other applicable requirements of this code and all applicable state laws and regulations. The requirements of this chapter apply to commercial cannabis activities regardless of whether the activity is authorized under a state A-license or a state M-license.

(Ord. No. 2020-05 § 3, 2-25-20; Ord. No. 2018-18, § 3, 6-26-18)

(a) Commercial cannabis activities not expressly authorized by this chapter are prohibited in all zoning districts.

(b) Temporary commercial cannabis events are prohibited in all zoning districts.

(Ord. No. 2018-18, § 3, 6-26-18)

(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) "Bureau" has the meaning set forth in Business and Professions Code section 26001(e).

(2) "Business" means a business engaged in one or more commercial cannabis activities under a State license and a permit issued under this chapter.

(3) "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.

(4) "Deliver" or "delivery" means the commercial transfer of cannabis or cannabis products from a retailer to a customer.

(5) "Delivery retailer" means a retailer that conducts retail sales of cannabis or cannabis products exclusively through deliveries.

(6) "Department" means the Department of Conservation and Development.

(7) "Director" means the Director of Conservation and Development, or designee.

(8) "Indoor commercial cultivation" includes both "indoor cultivation" and "mixed-light cultivation," as defined in Title 3, California Code of Regulations, section 8000. Indoor commercial cultivation includes, but is not limited to, commercial cultivation of cannabis within a building, structure, greenhouse, or hoop house.

(9) "Outdoor commercial cultivation" means commercial cultivation of cannabis that meets both of the following criteria:

(A) The cannabis is cultivated without the use of any light deprivation, any artificial lighting, or any supplemental low-intensity lighting.

(B) The cannabis is cultivated outdoors, and it is not cultivated within a building, structure, greenhouse, or hoop house.

(10) "Retailer" means a State-licensed retailer of cannabis or cannabis products. A retailer may be a delivery retailer or a storefront retailer.

(11) "Retail water supplier" means a public agency, city, county, or investor-owned water utility regulated by the state Public Utilities Commission, that provides retail water service. A retail water supplier does not include a mutual water company.

(12) "State license" or "license" means a license issued pursuant to Division 10 of the Business and Professions Code, sections 26000 through 26231.2. A state license may be a state A-license or a state M-license.

(13) "Storefront retailer" means a retailer that conducts retail sales of cannabis or cannabis products in whole or in part at a facility that is open to the public.

(14) "Temporary commercial cannabis events" means those activities described in and covered by Business and Professions Code section 26200(e), and Sections 5600 through 5603 of Title 16 of the California Code of Regulations.

(15) "Vertically-integrated business" means a business that includes two or more of the following commercial cannabis activities: the retail sale of cannabis and 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; and the distribution of cannabis or cannabis products under Section 88-28.420.

(16) "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. 2018-18, § 3, 6-26-18)