La Mesa Municipal Code Ch. 10.42 Marijuana-Related Activities and Uses

The purpose and intent of this Chapter is to regulate commercial, medical and personal marijuana-related activities and uses; and, expressly prohibit each and every marijuana-related use and activity, including marijuana sales, cultivation, manufacturing, distribution, transportation (delivery), storage, and testing of marijuana; to the extent authorized by California law, and not otherwise permitted by a validly issued CUP pursuant to Measure 'U' (Chapter 24.23). Nothing in this Chapter shall be interpreted to preempt or render inapplicable any provision of federal or state law, or Measure 'U.'

(Ord. 2017-2855, § 2, October 10, 2017)

For purposes of this Chapter, the following definitions apply:

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

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

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

"Licensee" means the holder of any state issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.

"Manufacture" means to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:

(i) Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or

(ii) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.

"Marijuana accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

"Marijuana products" means marijuana 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 tropical product containing marijuana or concentrated cannabis and other ingredients.

"Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Private residence" means residential unit such as a house, an apartment unit, a mobile home, or other similar dwelling.

"Sale" includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana 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 marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana was purchased.

Any term defined in this section also means that same term as defined in the California Business & Professions Code or the California Health & Safety Code, unless otherwise specified.

(Ord. 2017-2855, § 2, October 10, 2017)

A. The establishment or operation of any business of commercial marijuana activity shall be prohibited to the extent permitted pursuant to California law. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations include, but are not limited to:

1. The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

2. The cultivation of marijuana;

3. The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or

4. Any other business that may be licensed by the State or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

B. Notwithstanding any other provisions contained in this Code, deliveries shall be authorized from any dispensary permitted by a validly issued CUP pursuant to Measure "U" (Chapter 24.23).

(Ord. 2017-2855, § 2, October 10, 2017)

Any medical marijuana-related activities and uses shall be prohibited in the city to the extent permissible pursuant to state law; except, activities and uses which are permitted by a validly issued CUP pursuant to Measure "U" (Chapter 24.23). No other use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for medical marijuana-related activities and uses in the city, and no person shall otherwise engage in or establish such activity and use.

(Ord. 2017-2855, § 2, October 10, 2017)

A. For purposes of this subsection, personal use, possession, purchase, transport, or dissemination of marijuana shall be prohibited in the city to extent that such prohibition is authorized pursuant to California law.

B. It shall be prohibited for any person to plant, cultivate, harvest, dry, or process marijuana plants outdoors in the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

C. It shall be prohibited for any person to possess, smoke or ingest marijuana in public places (including places open to the general public) and in places where smoking is prohibited pursuant to this Code.

D. It shall be prohibited for any person to possess, smoke or ingest marijuana in buildings owned, leased or occupied by the city.

(Ord. 2017-2855, § 2, October 10, 2017)

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory in this section, shall be a misdemeanor or infraction, at the discretion of the city attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in this Code and/or under State law.

(Ord. 2017-2855, § 2, October 10, 2017)