Chapter 21.48 — COMMERCIAL CANNABIS USES AND CULTIVATION

For purposes of this chapter, the following words and phrases shall have the meanings set forth in the MAUCRSA and as set forth below:

“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. “Cannabis” includes cannabis that is used for medical, non-medical, 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.

“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 product containing cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell, or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation, or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.

“Commercial cannabis use” means the use of any property for commercial cannabis activity. “Compassionate Use Act” means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.

“Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.

“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 owned and controlled by the retailer.

“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

“Fully enclosed and secure structure” means a space within a building, greenhouse, or other structure which has a complete 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 or more lockable doors and inaccessible to minors.

“Indoor” means within a fully enclosed and secure structure.

“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

“MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, and any successor provisions thereto, as the same may be amended from time to time.

“Medical Marijuana Program” means California Health and Safety Code Sections 11362.7 through 11362.83, as such statutes may be amended from time to time.

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

“Person” means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group, or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators, and assigns. The term “person” shall also include all persons who have an ownership or leasehold interest in any real property, premises, and/or structures in which commercial cannabis activity is occurring.

“Primary caregiver” means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person pursuant to the requirements of the Compassionate Use Act and the Medical Marijuana Program.

“Private residence” means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.

“Qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time, but who does not have an identification card.

“Primary caregiver” shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.

“Private residence” means a house, an apartment unit, a mobile unit, or other similar dwelling that is lawfully used as a residence.

(Ord. 700 § 4, 2017).

A. Commercial cannabis uses are expressly prohibited in all zones and overlay districts in the city. No person shall establish, operate, maintain, conduct, or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.

B. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. 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.

C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with Section 21.48.030.

(Ord. 700 § 4, 2017).

It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below.

A. Cannabis cultivation shall only occur indoors at a private residence, or inside an enclosed accessory structure located upon the grounds of a private residence.

• B. Only persons twenty-one years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and 11362.2.

• C. Cannabis cultivation is permitted only within fully enclosed and secure structures.

• D. Cannabis cultivation is limited to six plants total.

• (Ord. 700 § 4, 2017).

A. Nothing in this chapter shall 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.

B. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code Section 11362.1.

C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Business and Profession Code Section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.

(Ord. 700 § 4, 2017).

In addition to any other enforcement permitted by this Chapter 21.48 of this municipal code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.08 of this municipal code, no provision of this chapter authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71, et seq., or Section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.08 of this municipal code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. 700 § 4, 2017).