Lodi Municipal Code Ch. 8.30 Regulation of Medicinal and Adult-Use Cannabis

Footnotes:

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Editor's note— Ord. No. 19147, § 2, adopted Nov. 1, 2017, repealed Ch. 8.30 in its entirety and enacted a new Ch. 8.30 to read as set out herein. Former Ch. 8.30, §§ 8.30.010—8.30.060, pertained to marijuana cultivation and derived from Ord. No. 1898, § 1, adopted Oct. 15, 2014.

It is the purpose and intent of this Chapter to prohibit medicinal and adult-use commercial cannabis activities, medicinal and adult-use cannabis deliveries, the outdoor cultivation of either medicinal or adult-use cannabis, and to reasonably regulate the indoor cultivation of medicinal and adult-use of cannabis within the City of Lodi in a manner that protects the health, safety, and welfare of the community.

The City Council finds that sanctioning activities related to commercial cannabis (marijuana) is inconsistent with federal law under the Controlled Substances Act (21 U.S.C. §801 et seq.) which lists marijuana as a Schedule 1 drug and prohibits the possession, sale, and distribution of marijuana .

(Ord. No. 1947, § 2, 11-1-2017)

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"AMUA" refers to the "Control, Regulate and Tax Adult-Use of Marijuana Act" approved by the voters as Proposition 64 on November 8, 2016, and codified in various sections of the Health and Safety Code and the Business and Professions Code.

"Cannabis" or "marijuana" shall have the meaning set forth in Business and Professions Code section 26001(f), as may be amended from time to time, and means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, 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 cannabis plant, its seeds or resin. It does not include industrial hemp, as defined by Health and Safety Code section 11018.5 or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

"Commercial cannabis activity" shall have the meaning set forth in Business and Professions Code section 26001(k), as may be amended from time to time, and includes the medicinal or adult-use cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products. Commercial cannabis activity also includes the activities of any business, person or nonprofit licensed by the State of California or other governmental entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code.

"Cultivation" shall have the meaning set forth in Business and Professions Code section 26001(l), as may be amended from time to time, and includes the planting, growing, harvesting, drying, curing, grading, or trimming of any cannabis plant(s) or any part(s) thereof for either medicinal or adult use.

"Delivery" shall have the meaning set forth in Business and Professions Code section 26001(p), as may be amended from time to time, and means the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of medical marijuana, adult-use cannabis, all cannabis edibles, and/or any and all cannabis products to or from any location within the jurisdictional limits of the city of Lodi, and any and all associated business and/or operational activities.

"Indoors" means within a fully enclosed and secure structure.

"MAUCRSA" refers to the "Medicinal and Adult-Use Regulation and Safety Act" signed into law on June 27, 2017, and codified in Business and Professions Code section 26000 et seq.

"Medical marijuana" and "medicinal cannabis" means marijuana authorized in strict compliance with Health and Safety Code Sections 11362.5 et seq.

"Outdoor" means any location within the city limits that is not a residential structure (as defined below).

"Person with an identification card" shall have the meaning as set forth in Health and Safety Code Section 11362.7, and as may be amended from time to time.

"Primary caregiver" has the meaning set forth in Health and Safety Code Section 11362.7, as may be amended from time to time.

"Qualified patient" has the meaning set forth in Health and Safety Code Section 11362.7, as may be amended from time to time.

"Residential structure" means a single or multi-family house, an apartment unit, a mobile home, or other similar dwelling located within a residential zoning district. Residential structure includes a greenhouse on the property of the residential structure but not physically part of the residence, as long as it is fully enclosed, secure, and not visible from any street, sidewalk, or other place freely accessible by the public.

(Ord. No. 1947, § 2, 11-1-2017)

Medical marijuana dispensaries and adult-use commercial cannabis retail or wholesale establishments are prohibited in all zoning districts within the city's jurisdictional limits and shall not be established, operated, or permitted in or upon any premises in the city of Lodi. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary or the operation of an adult-use cannabis commercial, wholesale or retail establishment. No person may be the lessor for property where a medical marijuana dispensary or adult-use cannabis commercial, wholesale or retail establishment is located.

(Ord. No. 1947, § 2, 11-1-2017)

Delivery of cannabis by any person or entity, including, but not limited to, clinics, collectives, cooperatives and dispensaries, is prohibited in all zoning districts within the city's jurisdictional limits. No permit, license, use permit or variance, whether conditional or otherwise, shall be issued for the establishment of such activity. Any delivery that takes place in violation of any provision of this chapter is unlawful, and is hereby declared a public nuisance. Nothing in this chapter is intended to, nor shall it be construed to, make legal any delivery activity that is otherwise prohibited under California law. As an exception to this provision, a person may deliver or transport medicinal cannabis to a qualified patient or person with an identification card for whom the delivering party is the primary caregiver.

(Ord. No. 1947, § 2, 11-1-2017)

Commercial cannabis activity by any person or entity, including, but not limited to, clinics, collectives, cooperatives, dispensaries, commercial or retail establishments, is prohibited in all zones within the city's jurisdictional limits. No permit, license, use permit or variance, whether conditional or otherwise, shall be issued for the establishment of such activity. Any commercial cannabis activity that takes place in violation of any provision of this chapter is unlawful, and is hereby declared a public nuisance. Nothing in this chapter is intended to, nor shall it be construed to, make legal any commercial cannabis activity that is otherwise prohibited under California law.

(Ord. No. 1947, § 2, 11-1-2017)

Outdoor cultivation of cannabis is prohibited in all zoning districts in the city of Lodi. No person owning, renting, leasing, occupying or having charge, possession, or control of any property within the city limits shall cause or allow such property to be used for the outdoor cultivation of cannabis for any purpose.

(Ord. No. 1947, § 2, 11-1-2017)

A. Indoor cultivation of cannabis is prohibited in all zoning districts of the city, except for residential zones. Cultivation of cannabis is permitted in a residential structure to the extent authorized under the AMUA and MAUCRSA. Indoor cannabis cultivation, including any lighting, plumbing, or electrical components used for cultivation, shall comply with all state and local building and fire codes. The residential structure shall remain at all times a residence, with legally permitted and functioning cooking, sleeping, and sanitation facilities, and with appropriate ingress and egress as required by this code. Cultivation shall not prevent the primary use of these rooms for the cooking of meals, sleeping, and bathing.

B. No person owning, renting, leasing, occupying or having charge, possession, or control of any residential structure within the city shall cause or allow indoor cultivation of cannabis to be visible from any street, sidewalk, or other place freely accessible by the public or to allow the odor of marijuana to permeate beyond the boundaries of the parcel or property where the indoor cultivation is occurring. The indoor cultivation of cannabis is prohibited as a home occupation.

(Ord. No. 1947, § 2, 11-1-2017)

Any violations of this chapter shall be considered and declared to be a public nuisance and may be summarily abated by the city of Lodi pursuant to Civil Code Section 731.

(Ord. No. 1947, § 2, 11-1-2017)

A. Nothing in this chapter shall be deemed to prevent the city from instituting any appropriate legal procedures to abate, correct, enjoin or restrain any violation of this section, including civil or criminal proceedings.

B. In any civil action for injunctive relief brought pursuant to Lodi Municipal Code Chapter 1.10, a court of competent jurisdiction may award reasonable attorney's fees and costs to the prevailing party.

C. Any person violating this ordinance shall be guilty of a misdemeanor and may be subject to the penalties set forth in Lodi Municipal Code Chapter 1.08.

D. Each day a person is in violation of this chapter shall be considered a separate violation.

E. The remedies and relief provided in this section shall be cumulative and in addition to any and all other remedies available to the city under this code and state law.

(Ord. No. 1947, § 2, 11-1-2017)