Article 20 — Marijuana and/or Medical Marijuana uses and Activities

The purpose of this article is to prohibit marijuana-related uses and activities in order to promote the health, safety, morals and general welfare of the residents and the businesses within the city by maintaining local control over the ability to authorize and regulate marijuana-related businesses, including cultivation. Except as preempted by state law, or as specifically authorized by Chapter VI of Title 9 , Chapter IX and Articles 20 and 21 of this Title, this prohibition includes all marijuana related uses and activities, including, but not limited to, dispensing, cultivating, transporting, distributing, processing, delivering, manufacturing, labeling, testing, and/or selling, whether for recreational, medical, or any other use.

(Ord. No. 16-01, § 3, 1-19-16; Ord. No. 17-01, § 5, 1-4-17; Ord. No. 17-04, § 5, 2-7-17; Ord. No. 17-16, § 5, 11-21-17; Ord. No. 18-05, § 1, 4-3-18)

• (a) Nothing in this article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the Compassionate Use Act of 1996.

• (b) All the provisions of this article shall apply to all property, public and private, within the city.

• (c) All the provisions of this article shall apply indoors and outdoors.

(Ord. No. 16-01, § 3, 1-19-16; Ord. No. 17-04, § 5, 2-7-17; Ord. No. 17-16, § 5, 11-21-17; Ord. No. 18-05, § 1, 4-3-18)

The following definitions apply to this article:

Accessory structure shall mean a building, other than a dwelling unit, that is subordinate to, and the use of which is incidental to that of the main building or use on the same lot.

Person shall mean any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer and/or salesperson.

Private residence shall mean a house, an apartment unit, a mobile home, or other similar lawfully existing dwelling unit as set forth in Health and Safety Code section 11362.2(b)(5) . Unless otherwise defined herein, the terms used in this article shall have the meaning ascribed to them in Title 9 , Chapter VI of this Code.

(Ord. No. 16-01, § 3, 1-19-16; Ord. No. 17-01, § 5, 1-4-17; Ord. No. 17-04, § 5, 2-7-17; Ord. No. 17-16, § 5, 11-21-17; Ord. No. 18-05, § 1, 4-3-18)

• (a) Marijuana and/or medical marijuana cultivation by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zone districts within the City of Costa Mesa except as provided in subsection (b) of this section.

• (b) The prohibition set forth in subsection (a) of this section shall not apply to indoor cultivation of up to six plants per private residence, as authorized by state law solely for personal adult use or personal medical marijuana use that occurs within a private residence occupied exclusively by natural persons age 21 or older, or inside a fully enclosed and secure lawfully existing accessory structure to a private residence located upon the grounds of a private residence, and that is conducted in full compliance with Health and Safety Code section 11362.2 .

(Ord. No. 16-01, § 3, 1-19-16; Ord. No. 17-01, § 5, 1-4-17; Ord. No. 17-04, § 5, 2-7-17; Ord. No. 17-16, § 5, 11-21-17; Ord. No. 18-05, § 1, 4-3-18)

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(Ord. No. 16-01, § 3, 1-19-16; Ord. No. 17-04, § 5, 2-7-17; Ord. No. 17-16, § 5, 11-21-17; Ord. No. 18-05, § 1, 4-3-18)

Violations of this article shall be punishable pursuant to the provisions of section 13-16 .

(Ord. No. 16-01, § 3, 1-19-16; Ord. No. 17-04, § 5, 2-7-17; Ord. No. 17-16, § 5, 11-21-17; Ord. No. 18-05, § 1, 4-3-18)