Irvine Municipal Code Ch. 3-39 Cannabis Related Uses, Commercial Cannabis Activities, Deliveries, And…

"Cannabis" shall mean 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means "marijuana" as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "Cannabis" shall also have the same meaning as set forth in Business & Professions Code § 26001(f), as may be amended from time to time. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

"Caregiver" or "primary caregiver" shall have the same meaning as set forth in Health & Safety Code § 11362.7, as may be amended from time to time.

"Commercial cannabis activity" shall have the same meaning as set forth in Business & Professions Code § 26001(i), as may be amended from time to time. Commercial Cannabis Activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, delivery or sale of cannabis and cannabis products.

"Cooperative" shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available marijuana, with or without cultivation.

"Cultivation" or "Cultivate" shall have the same meaning as set forth in Business & Professions Code § 26001(I), as may be amended from time to time.

"Delivery" shall have the same meaning as set forth in Business & Professions Code § 26001(p), as may be amended from time to time.

"Dispensary" shall mean and refer to any premises where Cannabis or Medicinal Cannabis or Cannabis Products are offered, either individually or in any combination, for retail sale or Delivery to consumers, customers, patients, or primary caregivers. For purposes of this Chapter, Dispensary shall also include a Cooperative. Dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health & Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

"Medicinal cannabis" shall have the same meaning as set forth in Business & Professions Code § 26001(ai), as may be amended from time to time.

"Medicinal cannabis business" shall have the same meaning as set forth in Business & Professions Code § 26321(a)(2), as may be amended from time to time.

"Medicinal cannabis patient" shall have the same meaning as set forth in Business & Professions Code § 26321(a)(3), as may be amended from time to time.

"Medicinal and Adult Use Cannabis Regulation and Safety Act" or "MAUCRSA" shall mean and refer to Senate Bill 94, signed into law on June 27, 2017, as the same may be amended from time to time.

"Medicinal Cannabis Patients' Right of Access" or "MCPRA" shall mean and refer to Senate Bill 1186, signed into law on September 18, 2022, as the same may be amended from time to time.

"Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Health and Safety Code section 11362.7 as may be amended from time to time.

"Testing Laboratory" shall have the same meaning as set forth in Business & Professions Code section 26001(as), as may be amended from time to time.

(Ord. No. 16-01, § 3, 1-26-16; Ord. No. 18-01, § 8(Exh. A), 2-27-18; Ord. No. 23-26, § 3(Exh. A), 1-9-24)

Except as set forth in subsections (D) and (F) of this chapter, all cannabis related uses, including but not limited to the manufacture, sale, delivery, distribution, processing, and cultivation of cannabis, and all other commercial cannabis activities for which a State license is required under the MAUCRSA are prohibited in all zones throughout the City, regardless of whether the commercial cannabis activity relates to medicinal or adult use marijuana. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any cannabis related use or any other activity for which a State license is required under the MAUCRSA.

A. Adult use cannabis related uses. Except as set forth in subsection (F) of this chapter, all adult use cannabis related uses, including but not limited to the manufacture, sale, delivery, distribution, processing, and cultivation of cannabis, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether the cannabis related use related to medicinal or adult use marijuana. No person shall establish, operate, conduct, permit or allow any cannabis related use anywhere within the City.

B. Medicinal cannabis uses. Except as set forth in subsections (D) and (F) of this chapter, all medicinal cannabis related uses, including but not limited to the manufacture, sale, delivery, distribution, processing, and cultivation of cannabis, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses qualify as commercial cannabis activities under the MAUCRSA. No person shall establish, operate, conduct, permit or allow any medicinal cannabis related land use anywhere within the City.

C. Commercial cannabis activities. Except as set forth in subsections (D) and (F) of this chapter, all commercial cannabis activities, including but not limited to the manufacture, sale, delivery, distribution, processing, and cultivation of cannabis, are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses relate to medicinal or adult use marijuana. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.

D. Cannabis deliveries.

(1) Except as set forth in subdivision (2) below, all deliveries of cannabis and medicinal cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medicinal cannabis that either originate or terminate at any location within the City.

(2) Notwithstanding the foregoing, the delivery of medicinal cannabis and medicinal cannabis products to medicinal cannabis patients or their primary caregivers from a medicinal cannabis business is permitted within the city to the extent such activity complies with California Business and Professional Code section 26320 et seq., as those provisions may be amended from time to time.

E. Cannabis cultivation. The commercial cultivation of cannabis is expressly prohibited in all zones and all specific plan areas in the City, regardless of whether the cultivation is related to medicinal or adult use marijuana.

F. Cannabis testing laboratories. Cannabis testing laboratories shall only be permitted in the following zoning districts in the City: 5.1 IBC Multi-Use, 5.5 Medicinal and Science, and 5.4 General Industrial and upon the issuance of both: (1) a valid permit issued by the City pursuant to Title 4 - Public Safety of the City's Municipal Code; and (2) a valid state license. Cannabis Testing Laboratories shall not be permitted in any other zoning district in the City.

(Ord. No. 16-01, § 3, 1-26-16; Ord. No. 18-01, § 8(Exh. A), 2-27-18; Ord. No. 23-26, § 3(Exh. A), 1-9-24)

Any use or condition cause, or permitted to exist, in violation of any provision of this Chapter 3-39 shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any other remedy available at law.

(Ord. No. 16-01, § 3, 1-26-16; Ord. No. 18-01, § 8(Exh. A), 2-27-18; Ord. No. 23-26, § 3(Exh. A), 1-9-24)

In addition to any other enforcement permitted by the City's Zoning and/or Municipal Codes, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this Chapter. In any civil action that is brought pursuant to this Chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. No. 16-01, § 3, 1-26-16; Ord. No. 18-01, § 8(Exh. A), 2-27-18; Ord. No. 23-26, § 3(Exh. A), 1-9-24)