Hawaiian Gardens Municipal Code Ch. 5.25 Marijuana Dispensaries

A. The intent and purpose of this chapter is to preserve and protect the public health, safety, and welfare of the City community by prohibiting marijuana cultivation, marijuana processing, marijuana delivery, and marijuana distribution and dispensaries. The City Council's prohibition of such activities is within the authority conferred upon the City Council by State law.

B. This chapter expresses the intent of the City Council to: (1) prohibit the cultivation of marijuana in the City; (2) prohibit the delivery of marijuana in the City; (3) prohibit the processing of marijuana in the City; (4) prohibit the distribution of marijuana in the City; (5) exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; and (6) exercise its police power to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community.

(Ord. 563 § 1, 2016; Ord. 523 § 3, 2008)

Marijuana means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin; whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, whether crude or purified, including marijuana infused in foodstuff or any other ingestible, topical, or consumable product containing marijuana. "Marijuana" also means marijuana as defined in California Health and Safety Code Section 11018. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the California Attorney General or as used by the Compassionate Use Act of 1996, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act.

Marijuana cultivation means any activity involving growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana in any way.

Marijuana delivery means the commercial transfer of marijuana from a dispensary to any location within the City. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently owned and/or directed by a dispensary, that enables recipients to arrange for or facilitate the commercial transfer by a dispensary of marijuana.

Marijuana dispensary or marijuana dispensaries means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative, or collective that delivers (as defined by Business Professions Code Section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells, or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use as may be amended from time to time, that was issued by the office of the California Attorney General, or for the purposes set forth in the Compassionate Use Act of 1996, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act.

Marijuana processing means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including, but not limited to: drying, curing, packaging or repackaging, extraction of active ingredients, compounding, encapsulating, labeling or relabeling of marijuana or its derivatives, whether alone or mixed with any amount of any other substance to create marijuana related products, and concentrates.

Medical marijuana collective or cooperative or collective means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes or otherwise that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use as may be amended from time to time that was issued by the office of the California Attorney General, or for the purposes set forth in the Compassionate Use Act of 1996, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act.

(Ord. 563 § 1, 2016; Ord. 523 § 3, 2008)

A. No person or entity shall cultivate, process, deliver, or distribute marijuana in the City. The City shall not issue, approve, or grant any permit or license for the establishment and/or operation of marijuana cultivation, processing, delivery, and dispensary activities.

B. It is unlawful for any person or entity to own, manage, conduct, establish, operate or facilitate the establishment and/or operation of marijuana cultivation, processing, delivery, and dispensary activities, or to participate as an employee, contractor, agent, or volunteer, or in any other manner or capacity, in the operation of marijuana cultivation, processing, delivery, and dispensary activities. The term "facilitate" shall include, but not be limited to, the leasing, renting or otherwise providing any real property or other facility that will in any manner be used or operated for the purpose of the operation of marijuana cultivation, processing, delivery, and dispensary activities.

(Ord. 563 § 1, 2016; Ord. 523 § 3, 2008)

The establishment, maintenance, operation, facilitation, of, or participation in marijuana cultivation, marijuana processing, marijuana delivery, or marijuana distribution within the City limits of the City of Hawaiian Gardens is declared a public nuisance.

(Ord. 563 § 1, 2016)