Imperial County Municipal Code Ch. 14.01 General Provisions

The purpose of this ordinance [title] is to incorporate and adopt the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), as defined in Section 14.01.020 of the county of Imperial Codified Ordinances, and to further regulate, where permitted, the use and personal cultivation of cannabis, and businesses engaged in commercial cannabis and industrial hemp activities, within the unincorporated areas of the county of Imperial.

(Ord. No. 1543, § 1, 6-18-19)

A. Unless as otherwise specified herein, the terms used in this title shall be as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), codified at California Health and Safety Code § 11018 et seq., § 11362.7, California Business and Professions Code § 26001 et seq., California Revenue and Tax Code § 34010 and California Food and Agriculture Department Code § 81000 et seq.

B. For the purposes of this title, the terms listed hereunder shall be defined as follows:

1. "Board" shall mean the board of supervisors for the county of Imperial.

2. "Cannabis" has the same meaning as found in § 26001 of the California Business and Professions Code, and encompasses both medical cannabis and recreational cannabis.

3. "Cannabis products" has the same meaning as found within § 11018.1 of the California Health and Safety Code, and encompasses both medical cannabis products and recreational cannabis products.

4. "Commercial cannabis activity license" or "CCA license" means the regulatory license issued by the enforcement agency that allows a person, firm, corporation, or nonprofit organization to operate a commercial cannabis activity within the unincorporated areas of Imperial County.

5. "Commercial cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis for commercial purposes.

6. "Industrial hemp activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or commercial sale of industrial hemp as provided for in this title.

7. "Enforcement agency" means the department or departments of the county of Imperial responsible for interpreting and enforcing the provisions of Title 14, and carrying out the duties and responsibilities designated to the enforcement agency within this title. Enforcement agency shall include its officers and agents.

8. "Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" refers to the Control, Regulate and Tax Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in the following California Codes; California Health and Safety Code § 11018 et seq., § 11362 et seq., § 11357 et seq., California Business and Professions Code § 26000 et seq., California Revenue and Tax Code § 34010 et seq., and California Food and Agriculture Department Code § 81000, § 81008, and § 81010.

9. "Medical cannabis" means cannabis that is grown and sold pursuant to the provisions of the Compassionate Use Act of 1996 and § 11362.7 et seq. of the California Health and Safety Code.

10. "Medical cannabis products" means medical cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated medical cannabis, or an edible or topical product containing medical cannabis or concentrated medical cannabis and other ingredients.

11. "Operation" means any act for which licensure is required under the provisions of this title or Division 10 of the California Business and Professions Code, or any commercial transfer of cannabis or cannabis products.

12. "Personal cultivation" means the cultivation, drying, and storing of cannabis for personal, non-commercial purposes.

13. "Physical dddress" shall mean a delivery to a location with a valid (legitimate) existing use (i.e. residence, business, etc.).

14. "Physical dispensary" means an operation with a storefront engaged in the retail sale of medical cannabis and medical cannabis products and recreational cannabis and recreational cannabis products, in which consumers may purchase and receive medical cannabis and medical cannabis products and recreational cannabis and recreational cannabis products in person.

15. "Private residence" means a house, an apartment unit, a mobile home, or similar dwelling.

16. "Recreational cannabis" means adult-use cannabis that is grown and sold pursuant to the provisions of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) for non-medicinal purposes.

17. "Recreational cannabis products" means recreational (adult-use) cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated recreational (adult-use) cannabis, or an edible or topical product containing recreational cannabis or concentrated recreational (adult-use) cannabis and other ingredients.

18. "Retail sale" means any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.

19. "Virtual dispensary" means an operation without a storefront engaged in the retail sale of cannabis and cannabis products, in which the retail sale of cannabis and cannabis products is through internet or telephonic orders to be delivered directly to consumers.

20. "Volatile solvent" means volatile organic compounds that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures, including (1) explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O 2 or H 2 ; and (2) dangerous poisons, toxins, or carcinogens, such as methanol, is-propyl alcohol, methylene chloride, acetone, benzene, toluene, and tri-chloro-ethylene and pentane.

(Ord. No. 1543, § 1, 6-18-19)