Article XII — CULTIVATION AND USE OF MARIJUANA

(a)

The purpose of this Section is to expressly prohibit commercial marijuana activity in the Town. Nothing in this section shall preempt or make inapplicable any provision of State or Federal law.

(b)

Business and Professions Code Section 19320(a) provides that a person must hold both a State and local license to engage in commercial medical marijuana activity. Business and Professions Code Section 26055(e) provides that a State licensing authority shall not approve an application for a State license for a non-medical marijuana business if approval of the State license will violate the provisions of any local ordinance. Business and Professions Code Section 19340(a) provides that deliveries of marijuana can only be made in a Town that does not explicitly prohibit it by local ordinance.

(c)

Health and Safety Code Section 11362.2(b) provides that a Town may enact and enforce reasonable regulations on marijuana cultivation activities. Health and Safety Code Section 11362.2(b) also authorizes a Town to completely prohibit persons from cultivating marijuana outdoors upon the grounds of a private residence.

(d)

The Town Council finds that a prohibition on all commercial marijuana activity and marijuana deliveries is necessary for the preservation and protection of the public health, safety, and welfare for the Town and its community. The Town Council's prohibition of such activity is within the authority conferred upon the Town Council by State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the Town and its community.

(e)

The Town Council finds that a prohibition of all outdoor residential cultivation and the application of reasonable regulations on indoor residential cultivation is necessary for the preservation and protection of the public health, safety, and welfare for the Town and its community. The Town Council's regulation of such activity is within the authority conferred upon the Town Council by State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the Town and its community.

(Ord. No. 2263, § 1, 11-7-17)

(a)

"AUMA" shall mean the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.

(b)

"Commercial marijuana activities" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, trade or sale of marijuana and marijuana products by any person, entity, commercial or business enterprise, whether for medical or nonmedical purposes and whether for-profit or nonprofit. "Commercial marijuana activities" also includes the activities of any business licensed by the State or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.

(c)

"Delivery" 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 marijuana or marijuana products to or from any location within the Town.

(d)

"Distribution" shall mean the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.

(e)

"Fully enclosed and secure structure" means a code compliant 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 locking doors.

(f)

"Marijuana" is defined as the term is defined in California Health and Safety Code Section 11018 as that section may be amended from time to time.

(g)

"Marijuana Cultivation" or "Cultivation" means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof, and any and all associated business or operational activities.

(h)

"Marijuana Products" is defined as the term is defined in California Health and Safety Code Section 11018.1 as that section may be amended from time to time.

(i)

"MCRSA" shall collectively mean the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.

(j)

"Primary caregiver" is defined as that term is defined in California Health and Safety Code Section 11362.7, subdivision (d), as that section may be amended from time to time.

(k)

"Qualified patient" means a seriously ill person who obtains a written recommendation from a physician licensed to practice medicine in the state of California to use marijuana for personal medical purposes. In addition, persons currently under the care of a physician for a "serious medical condition" as that term is defined in California Health and Safety Code Section 11362.7, subdivision (h), are presumed to be qualified patients.

(Ord. No. 2263, § 1, 11-7-17)

The following activities involving marijuana or marijuana products are prohibited and may not be conducted anywhere in the Town:

(1)

Commercial marijuana activities is expressly prohibited everywhere in the Town. No person or entity shall establish, operate, maintain, conduct, allow or engage in commercial marijuana activities anywhere within the Town. The Town shall not approve any application for a business license or any other permit or entitlement authorizing the establishment, operation, maintenance, development, or construction of any business that engages in commercial marijuana activities.

(2)

A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activities to occupy real property in the Town. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activities on any real property owned or controlled by that property owner that is located in the Town.

(3)

Subsection (a) above is meant to prohibit all activities for which a State license is required pursuant to the MCRSA or the AUMA. The Town shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MCRSA or the AUMA. The Town shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code Section 26070.5.

(4)

To the extent not already prohibited by subsection (a) above, all deliveries of marijuana or marijuana products to or from any location in the Town for any purposes is expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the Town.

(Ord. No. 2263, § 1, 11-7-17)

(a)

Possession or cultivation of marijuana on private residential property strictly for the personal use and benefit of one or more residents on the property, where the marijuana cultivation and related activities are non-commercial and occur entirely within the confines of a fully enclosed and secure primary dwelling unit, or within a fully enclosed and secure accessory structure thereto, in compliance with section 17.12.125 of Title 17 of this Code and compliant with the limits and requirements established under California Health and Safety Code Sections 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45 and any other applicable state laws.

(b)

Delivery or transport of marijuana within the Town by a person or entity licensed to provide such transport or delivery service by the California Department of Consumer Affairs and by the California Bureau of Marijuana Control, where such delivery service is accomplished via public roadways, does not originate or finish from a location within the Town pursuant to Business and Professions Code Section 19340(f), and conforms to the parameters and limitations established by California Health and Safety Code Sections 26080 and 26090 and any other applicable state laws.

(c)

Possession or cultivation of marijuana or marijuana products for personal medical use by a qualified patient, consistent with a physician's recommendation, and conducted by the qualified patient or the patient's primary caregiver in accordance with the parameters and limitations set out in Sections 11362.5 and Sections 11362.7 through 11362.83 of the California Health and Safety Code and any other applicable state laws.

(d)

The personal use or cultivation of marijuana or marijuana products as allowed under subsections (a) and (c) in this section shall be conducted within a fully enclosed and secure structure which does not permit visual or olfactory evidence of cultivation detectable from the public right-of-way, and shall not:

(1)

Displace any space used for required on-site parking of a motor vehicle.

(2)

Utilize lighting that exceeds one thousand two hundred (1,200) watts.

(3)

Utilize an electric generator.

(4)

Utilize gas products including, but not limited to, carbon dioxide, butane, or flammable gas.

(Ord. No. 2263, § 1, 11-7-17; Ord. No. 2320, § III, 9-7-21)

No conduct which is protected from criminal liability pursuant to the Control, Regulate and Tax Adult Use of Marijuana Act (California Health and Safety Code, §§ 11362.1, 11362.2, 11362.3, 11362.4, and 11362.45), the Compassionate Use Act (Health and Safety Code, § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code, §§ 11362.7 through 11362.83) shall be made criminal by this Code. Conduct or uses which violate the requirements of this section are a nuisance, and shall be subject to noncriminal remedies, including, but not limited to, administrative citations and abatement.

(Ord. No. 2263, § 1, 11-7-17)