Chapter 17.113 — COMMERCIAL NONMEDICAL MARIJUANA USE

Sections:

17.113.010 Purpose and intent.

17.113.020 Definitions.

17.113.030 Prohibition.

The city council finds and declares that the purpose and intent of this chapter is to prohibit all commercial nonmedical marijuana land uses in the city’s zoning code in order to protect the health, safety and welfare of the community. This chapter is not intended to interfere with a patient’s right to medical marijuana, as provided for in California Health and Safety Code Section 11362, nor does it criminalize medical marijuana possession or cultivation by specifically defined classifications of persons, pursuant to state law. This chapter is to expressly prohibit the use of property in all zones and districts of the city of Folsom for purpose of engaging in commercial nonmedical marijuana activities such as, for example, the sale, use, storage, transport, distribution, delivery, testing, grading, marketing, processing, manufacturing or packaging of nonmedical marijuana and related products containing marijuana. This chapter is intended simply to impose zoning restrictions on the use of real property in the city for commercial nonmedical marijuana purposes. (Ord. 1266 § 2 (part), 2016)

A. “Commercial nonmedical marijuana uses” means any commercial or business enterprise, whether for-profit or nonprofit, engaged in, for example, the sale, use, storage, transportation, cultivation, distribution, delivery, testing, grading, marketing, processing, manufacturing or packaging of nonmedical marijuana and related products containing marijuana.

B. “Marijuana” shall have the meaning as provided in California Health and Safety Code Section 11018.

C. “Medical marijuana” means marijuana for medical purposes upon the recommendation of a physician under the Compassionate Use Act of 1996. (Ord. 1266 § 2 (part), 2016)

Commercial nonmedical marijuana uses as defined in Section 17.113.020(A) is prohibited in all zones and districts of the city of Folsom. (Ord. 1266 § 2 (part), 2016)

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