Jurupa Valley Municipal Code Ch. 11.28 Cannabis Prohibitions and Regulations

Footnotes:

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Editor's note— Ord. No. 2018-06, § 1, adopted June 5, 2018, amended Chapter 11.18 in its entirety to read as herein set out, repealing § 11.28.070, which pertained to the prohibition of marijuana deliveries and derived from Ord. No. 2016-13, § 5, adopted October 6, 2016, and renumbering §§ 11.28.080—11.28.100 as 11.28.070—11.28.090. For a more detailed version of the amendments please see the code comparative table. The historic notation remains with the amended provisions.

The people of the City of Jurupa Valley find and declare the following:

(1) In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to enable persons who are in need of cannabis for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of cannabis for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of cannabis to be grown anywhere."

(2) In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code Section 11362.7, et seq., and referred to as the "Medical Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate cannabis for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the MMP to expressly recognize the authority of counties and cities to "adopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances.

(3) On October 9, 2015, Governor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which were collectively known as the Medical Cannabis Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA established a state licensing scheme for commercial medical cannabis uses, while protecting local control by requiring that all such businesses have a local license or permit to operate in addition to a state license. The MCRSA allowed the city to completely prohibit commercial medical cannabis activities.

(4) On November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA"). The AUMA added Division 10 to the California Business and Professions Code, Sections 26000, et seq., which grants state agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for cannabis businesses. The AUMA provides that the state shall begin issuing licenses to cannabis businesses under California Business and Professions Code Division 10 by January 1, 2018.

(5) On June 27, 2017, the Governor signed into law Senate Bill 94 which repealed the MCRSA, included certain provisions of the MCRSA in the licensing provisions of the AUMA, and created a single regulatory scheme for both medical and adult-use cannabis known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). The MAUCRSA retains the provisions in the MCRSA and the AUMA that granted local jurisdictions control over whether commercial cannabis activity can occur in a particular jurisdiction. Specifically, California Business and Professions Code Section 26200 provides that the MAUCRSA shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances that completely prohibit the establishment or operation of one (1) or more businesses licensed under the state, within that local jurisdiction. Furthermore, the MAUCRSA provides that a state licensing authority shall not approve an application for a state license for a business to engage in commercial cannabis activity if approval of the state license will violate the provisions of any local ordinance or regulation. The MAUCRSA requires that a state licensing authority begin issuing licenses to cannabis businesses beginning January 1, 2018. The MAUCRSA also requires that a city provide a copy of its ordinance regarding commercial cannabis activity to the Bureau of Cannabis Control.

(6) In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land…" Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App. 4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana…" The court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of cannabis under its land use authority.

(7) The Federal Controlled Substances Act, 21 U.S.C. §§ 801, et seq., classifies cannabis as a schedule I drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, cannabis. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of cannabis for medical purposes.

(8) Cannabis cultivation in the city can adversely affect the health, safety, and well-being of city residents, visitors and workers. Prohibition of cannabis cultivation in the city is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated cannabis cultivation, and that are especially significant if the amount of cannabis cultivated on a single premises is not regulated and substantial amounts of cannabis are thereby allowed to be concentrated in one (1) place.

(9) The justification for regulating or banning commercial cannabis cultivation pursuant to the city's police power includes, but is not limited to:

(a) The increased risk to public safety, based on the value of cannabis plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury;

(b) The strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and

(c) The potential for theft and use by school age children where medical cannabis is cultivated in a visible location, particularly where such location is close to schools.

(10) Cannabis cultivation at locations or premises within one thousand (1,000) feet of schools, parks, and community centers creates unique risks that the cannabis plants may be observed by minors, and therefore be especially vulnerable to theft or recreational consumption by minors. Further, the potential for criminal activities associated with cannabis cultivation in such locations poses heightened risks that minors will be involved or endangered. Therefore, any amount of cannabis cultivation in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the cannabis plants.

(11) As recognized by the Attorney General's August 2008 Guidelines for the security and non-diversion of cannabis grown for medical use, cannabis cultivation or other concentration of cannabis in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime.

(12) The limited immunity from specified state cannabis laws provided by the CUA and MMP does not confer a land use right or the right to create or maintain a public nuisance.

(Ord. No. 2016-01, § 5(11.25.010), 1-21-2016; Ord. No. 2016-13, § 5(11.25.010), 10-6-2016; Ord. No. 2018-06, § 1(11.25.010), 6-5-2018)

This chapter is adopted pursuant to the authority granted by Article XI, Section 7 of the California Constitution, California Health and Safety Code Section 11362.83, California Government Code Sections 25845 and 53069.4, the MAUCRSA, the AUMA and all other applicable laws.

(Ord. No. 2016-01, § 5(11.25.020), 1-21-2016; Ord. No. 2016-13, § 5(11.25.020), 10-6-2016; Ord. No. 2018-06, § 1(11.25.020), 6-5-2018)

As used in this chapter, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this chapter:

Cannabis 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis, and any product containing cannabis. "Cannabis" includes cannabis that is used for medical, adult-use, or other purposes.

"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. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5, as the same may be amended from time to time.

Cannabis plant means any mature or immature cannabis plant, or any cannabis seedling.

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

Child care center means any licensed child care center, daycare center, child care home or any preschool.

Church means a structure or leased portion of a structure that is used primarily for religious worship and related religious activities.

Commercial cannabis activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products, for medical, adult-use or any other purpose, and includes the activities of any business licensed by the state or other government entity under California Business and Professions Code Division 10 or any other provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include any activities exempt from licensure requirements pursuant to California Business and Professions Code Division 10, as amended from time to time.

Community center means any facility open to the public at which classes, social activities, recreational activities, educational activities, support and public information are offered for all residents of the community.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Delivery means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

Enforcement officer means the Building Official, Community Development Director, Public Works Director, code enforcement officers, Fire Chief, Fire Marshal, or Riverside County Sheriff and their respective deputies and designees as also provided in Section 1.16.010, Definitions, of the Riverside County Code of Ordinances, as adopted by the City of Jurupa Valley by Ordinance No. 2011-010.

Family means one (1) or more non-transient, related or unrelated persons living together as a single, nonprofit housekeeping unit.

Fully enclosed and secure structure means a space within a building, greenhouse or other structure which has a complete solid roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors and inaccessible to minors.

Indoors means within a fully enclosed and secure structure.

Marijuana means cannabis as defined in this chapter.

Minor means a person under eighteen (18) years of age.

Multiple-family dwelling means a building, or portion thereof, used to house two (2) or more families, including domestic employees of each such family, living independently of each other, and each having their own kitchen.

One-family dwelling means a detached building or structure, including a mobile home or manufactured home, containing one (1) kitchen and used to house not more than one (1) family, including domestic employees.

Outdoors means any location that is not within a fully enclosed and secure structure.

Park means a public playground, public recreation center or area, and other public areas, created, established, designated, maintained, provided or set aside by the county, the city, or any other public entity or agency, for the purposes of public rest, play, recreation, enjoyment or assembly, and all buildings and structures located thereon or therein.

Person means any individual, firm, partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

Premises means a single parcel of property. Where contiguous parcels are under common ownership or control, such contiguous parcels shall be counted as a single "premises" for purposes of this chapter.

Primary caregiver is defined as set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as may hereafter be amended.

Qualified patient is defined as set forth in California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as may hereafter be amended.

School means an institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code, including a nursery school, kindergarten, elementary school, middle or junior high school, senior high school or any special institution of education, but not including a home school, vocational or professional institution of higher education, community or junior college, college or university.

Youth-oriented facility means any facility that caters to or provides services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors.

(Ord. No. 2016-01, § 5(11.25.030), 1-21-2016; Ord. No. 2016-13, § 5(11.25.030), 10-6-2016; Ord. No. 2018-06, § 1(11.25.030), 6-5-2018; Ord. No. 2021-09, § 4, 4-15-2021)

A. Commercial cannabis activity, whether or not for profit, is not a permitted use anywhere in the city. The city shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity. This section shall prohibit all activities for which a state license is required pursuant to the MAUCRSA and California Business and Professions Code Division 10 as the same may be amended from time to time.

B. It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the city.

C. To the extent not already prohibited by subsection A above, all deliveries of cannabis or cannabis products to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

(Ord. No. 2016-13, § 5(11.25.040), 10-6-2016; Ord. No. 2018-06, § 1(11.25.040), 6-5-2018)

A. Cannabis cultivation, outdoors, for medical, adult-use or other purposes, is prohibited on all parcels, all zones, and all specific plan areas in the city and is hereby declared to be unlawful and a public nuisance, except as otherwise provided in Section 11.28.070. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.

B. Cannabis cultivation, indoors or outdoors, for medical purposes will be allowed consistent with Section 11.28.070 below.

C. Cannabis cultivation, indoors, for adult-use purposes will be allowed consistent with state law. No more than six (6) live cannabis plants may be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured. Any cannabis cultivation that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance.

(Ord. No. 2016-01, § 5(11.20.040), 1-21-2016; Ord. No. 2016-13, § 5(11.25.050), 10-6-2016; Ord. No. 2018-06, § 1(11.25.050), 6-5-2018)

A. Declaratory of existing law. The prohibition of medical marijuana dispensaries contained in this section is declaratory of existing law. The County of Riverside adopted Ordinance Number 348.4423 § 3 in 2006 and Ordinance Number 348.4422 § 3 in 2006 that contain the text of this section prohibiting medical marijuana dispensaries in any zone. These ordinances were codified into Riverside County Code Sections 17.12.040 and 17.12.050. Upon incorporation of the City of Jurupa Valley on July 1, 2011, the Council adopted Ordinance No. 2011-01 and later adopted Ordinance No. 2011-10. These ordinances adopted by reference all ordinances of the County of Riverside in effect on the date of incorporation, July 1, 2011, including Ordinance Number 348.4423 and Ordinance Number 348.4422, as codified as Riverside County Code of Ordinances Sections 17.12.040 and 17.12.050.

B. Medical marijuana dispensaries prohibited in all zones. The terminology used in Section 9.35.010 of Chapter 9.35 is general only and is not intended to be descriptive of all uses allowed in the zone classifications. The zone classifications are specifically set forth in subsequent articles of the ordinance codified in this chapter to which reference should be made to determine all the uses permitted therein. When a use is not specifically listed as permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances where this section empowers him or her to do so, the Community Development Director makes a determination that the use is substantially the same in character and intensity as those uses permitted or conditionally permitted in the zone classification. In no event, however, shall a medical marijuana dispensary as defined in this section be considered a permitted or conditionally permitted use in any zone classification. A medical marijuana dispensary is prohibited in all zone classifications and no permit of any type shall be issued therefor. (Formerly Section 17.12.040 of the Riverside County Code of Ordinances.)

C. Definition of medical marijuana dispensary. A medical marijuana dispensary is any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed to, or distributed by, one (1) or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, provided that such uses comply with this chapter and all other applicable laws, including, but not limited to, California Health and Safety Code Section 11362.5 et seq., a clinic licensed pursuant to California Health and Safety Code Chapter 1 of Division 2, a health facility licensed pursuant to California Health and Safety Code Chapter 2 of Division 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to California Health and Safety Code Chapter 3.01 of Division 2, a residential care facility for the elderly licensed pursuant to California Health and Safety Code Chapter 3.2 of Division 2, a residential hospice or a home health agency licensed pursuant to California Health and Safety Code Chapter 8 of Division 2. (Formerly Section 17.12.050 of the Riverside County Code of Ordinances.)

(Ord. No. 2016-01, § 5(11.20.050), 1-21-2016; Ord. No. 2016-13, § 5(11.25.060), 10-6-2016; Ord. No. 2018-06, § 1(11.25.060), 6-5-2018; Ord. No. 2021-09, § 4, 4-15-2021)

A. The city is committed to making efficient and rational use of its limited investigative and prosecutorial resources. There shall be a limited exemption from enforcement for violations of this chapter by primary caregivers and qualified patients for small amounts of cannabis cultivation for their own medical use in zone classifications identified Section 9.35.040 of Title 9 of this Code on which a one-family detached dwelling exists, when all of the following conditions and standards are complied with:

(1) The premises shall contain a legally permitted one-family detached dwelling.

(2) Cultivation of no more than twelve (12) cannabis plants per qualified patient. In the event a qualified patient has a primary caregiver cultivating cannabis plants for the qualified patient, only one (1) primary caregiver may cultivate no more than twelve (12) cannabis plants for that qualified patient at any one (1) time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating cannabis plants for the qualified patient at the same time.

(3) Two (2) qualified patient limit to aggregate cannabis plant count for a maximum total of twenty-four (24) cannabis plants per premises.

(4) At least one (1) qualified patient or one (1) primary caregiver must live on the premises.

(5) All cannabis plants must be reasonably secured to prevent access by minors or theft, to a standard satisfactory to the enforcement officer.

(6) All cannabis cultivation outside of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be adequately secure to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five (5) acres are exempt from this fencing provision so long as all other standards and conditions of subsection A. of this Section 11.28.070 are complied with and any barriers used are otherwise consistent with this Code and Riverside County Ordinance No. 457 and Riverside County Ordinance No. 348, as adopted by the City of Jurupa Valley pursuant to Chapter 1.35 of the Jurupa Valley Municipal Code.

(7) Each building or outdoor area in which the cannabis plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the cannabis plants are cultivated, or, if the cannabis plants are cultivated in an outdoor area, from the fence required by subsection (a)(6) of this Section 11.28.070 to the boundary line of the premises.

(8) The designated cannabis cultivation area must not be visible from any public right-of-way.

(9) If the person cultivating cannabis plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the cannabis cultivation on the parcel. An original of this letter shall be submitted to and retained by the Planning Department. The city shall prescribe forms for such letters.

(10) Parolees or probationers shall not live on the premises unless a parolee or probationer has received written confirmation from the court that he or she is allowed to use medical cannabis while on parole or probation pursuant to California Health and Safety Code Section 11362.795, which shall be subject to verification by the enforcement officer.

(11) Qualified patients for whom the cannabis plants are being cultivated shall have valid medical cannabis identification cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating cannabis plants for a qualified patient shall have a copy of the qualified patient's valid medical cannabis identification card issued by the Riverside County Department of Public Health, which shall be kept on the premises.

(12) The address for the premises must be posted and plainly visible from the public right-of-way.

(13) The cannabis cultivation shall not be within a multiple-family dwelling building.

(14) The cannabis cultivation shall not be upon any premises located within one thousand (1,000) feet of any school, community center or park.

(15) The cannabis cultivation shall not be upon any premises containing a child care center, church (religious facility) or youth-oriented facility.

B. Notwithstanding the standards and conditions for cultivation by primary caregivers and qualified patients for medical purposes, nothing in this chapter shall prohibit a person twenty-one (21) years of age or older from engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2, as the same may be amended from time to time.

C. Any cannabis cultivation of more than six (6) plants by a person twenty-one (21) years of age or older that does not comply with all of the standards and conditions in subsections A. and B. of this section is a public nuisance and shall be subject to penalties and abatement as provided in Title 1 of this Code.

(Ord. No. 2016-01, § 5(11.25.080), 1-21-2016; Ord. No. 2016-13, § 5(11.25.080), 10-6-2016; Ord. No. 2018-06, § 1(11.25.070), 6-5-2018)

Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of cannabis plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, so long as such abatement is consistent with state law.

(Ord. No. 2016-13, § 5(11.25.090), 10-6-2016; Ord. No. 2018-06, § 1(11.25.080), 6-5-2018)

A. Violation of any provision of this chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this Code. No provision of Title 1 shall authorize a criminal prosecution or arrest prohibited by California Health and Safety Code Section 11362.71 et seq. The provisions of this chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the city whose job descriptions require the person to enforce the provisions of this Code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.10.010 of this Code or its successor sections.

B. Any violation of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial cannabis business or cannabis activity and restrain and enjoin any person from operating, conducting or maintaining a commercial cannabis business or cultivate cannabis in a manner contrary to the provisions of this chapter.

(Ord. No. 2016-13, § 5(11.25.100), 10-6-2016; Ord. No. 2018-06, § 1(11.25.090), 6-5-2018)