La Quinta Municipal Code Ch. 5.90 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 California Health and Safety Code, and Section 26001(s) of the California Business and Professions Code, as may be amended from time to time. The term "cannabis" shall also have the same meaning as "cannabis" set forth in Section 19300.5(f) of the California Business and Professions Code, as may be amended from time to time. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

"Cannabis accessories" shall have the same meanings as "marijuana accessories" as defined in Section 11018.2 of the California Health and Safety Code, and Section 26001(t) of the California Business and Professions Code, as may be amended from time to time.

"Cannabis products" shall have the same meanings as "marijuana products" as defined in Section 11018.1 of the California Health and Safety Code, and Section 26001(u) of the California Business and Professions Code, as may be amended from time to time.

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

"Commercial cannabis activity" shall have the same meaning as set forth in Section 19300.5(k) of the California Business and Professions Code, as may be amended from time to time. "Commercial cannabis activity" shall also have the same meaning as a cannabis or marijuana "operation" as defined in Section 26001(w) of the California Business and Professions Code, as may be amended from time to time.

"Control, Regulate and Tax Adult Use of Marijuana Act" or "Adult Use Act" shall mean and refer to the provisions of law adopted by the voters by statewide ballot initiative (Proposition 64) on the November 8, 2016 General Election, as those provisions of law may be amended from time to time.

"Cooperative" shall mean two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available cannabis, with or without cultivation.

"Cultivation" or "cultivate" shall have the same meanings as set forth in Section 19300.5(l) and Section 26001(e) of the California Business and Professions Code, as may be amended from time to time.

"Delivery" shall have the same meanings as set forth in Section 19300.5(m) and Section 26001(h) of the California Business and Professions Code, as may be amended from time to time.

"Dispensary" shall have the same meaning set forth in Section 19300.5(n) of the California Business and Professions Code, as may be amended from time to time. 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 and 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.

"Distribution" or "distribute" shall have the same meaning as set forth in Section 26001(j) of the California Business and Professions Code, as may be amended from time to time.

"Manufacture" shall have the same meaning as set forth in Section 26001(q), and "manufacturer" shall have the same meaning as set forth in Section 26001(r), of the California Business and Professions Code, as may be amended from time to time.

"Medical cannabis" or "cannabis" shall have the same meaning as set forth in Section 19300.5(ag) of the California Business and Professions Code, as may be amended from time to time.

"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean and refer to the following three (3) bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 266, SB 643.

"Qualifying patient" or "qualified patient" shall have the same meaning as set forth in Section 11362.7 of the California Health and Safety Code, as may be amended from time to time.

(Ord. 555 § 3, 2017; Ord. 532 § 3, 2016)

A. Cannabis Related Uses. Except as provided in Chapter 5.91, all cannabis related uses, including, but not limited to, cooperatives, cultivation, deliveries, dispensaries, distribution, manufacture, and other commercial cannabis activities for which a state license is required under the MMRSA and the Adult Use Act, including cannabis uses and operations relating to cannabis accessories and cannabis products, are prohibited throughout the city. 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 MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis related use anywhere within the city as prohibited under this subsection.

B. Commercial Cannabis Activities. Except as provided in Chapter 5.91, all commercial cannabis activities, including, but not limited to, cooperatives, cultivation, deliveries, and dispensaries, distribution, and manufacturing, are expressly prohibited throughout the city regardless of whether or not the commercial cannabis activity is for medical cannabis or cannabis used for medicinal purposes. The city shall not issue any permit, or process any license or other entitlement for any commercial cannabis activity. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the city.

C. Cannabis Deliveries. Except as provided in Chapter 5.91, all deliveries of cannabis and medical cannabis are expressly prohibited in the city. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the city.

D. Cannabis Cultivation. Except as provided in Chapter 5.91, the cultivation of cannabis, regardless of whether for commercial or noncommercial purposes, and including cultivation by a qualified patient or primary caregiver is expressly prohibited throughout the city. No person, including, but not limited to, a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the city, regardless of whether or not the cannabis is intended to be used for medical purposes.

(Ord. 555 § 3, 2017; Ord. 532 § 3, 2016)

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

(Ord. 532 § 3, 2016)

In addition to any other enforcement permitted by the La Quinta Municipal Code, 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. 532 § 3, 2016)

The prohibitions and provisions in this chapter are cumulative to any and all other prohibitions and regulations in the La Quinta Municipal Code concerning cannabis, medical cannabis, and cannabis in general, and nothing in this chapter supersedes or shall be construed to conflict with any other prohibitions and regulations in the La Quinta Municipal Code, including Section 9.20.050, as may be amended from time to time.

(Ord. 532 § 3, 2016)