Loyalton Municipal Code Ch. 5.16 Cannabis Prohibitions and Regulations

A. The purpose and intent of this chapter is for the City council to exercise its police powers derived from Section 7 of Article XI of the California Constitution and State Law to promote and preserve the health, safety, and general welfare of het residents and businesses of the City of Loyalton. B. The further purpose and intent of this Chapter is to expressly prohibit commercial cannabis activities in the City. C. Nothing in this chapter is intended to impair any defenses available under the applicable state law.
Nothing in this section is intended to authorize any use, possession, cultivation, manufacture, transportation, or distribution of marijuana in violation of state law.

For purposes of this chapter, the following definitions shall apply.

A. “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. 5.12.050 (Continued) – 5.16.020

B. “Cannabis accessories” means any equipment, products or materials of any kind which is 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 cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. C. “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. D. “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 business. E. “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. F. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. G. “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. H. “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 they may be amended from time to time. I. “Manufacture” means to compound, blend, extract, infuse , or otherwise make or prepare a cannabis product. J. “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time. K. “Private residence” means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.

A. Commercial cannabis activity, whether or not for profit, is prohibited in all zones, within the jurisdictional limits of the City and within the entire physical boundary of the City. No person, including without limitation, a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business trust, organization, cooperative, and collective, and any manager, lessee, agent, servant, officer or employee thereof, shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the City. To the extent that this prohibition conflicts with any other provision of this Municipal Code, this prohibition will control. B. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City. A property owner shall not allow 5.16.020 (Continued) – 5.16.030

any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City. C. Subsection A above shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the MAUCRSA, as the same may be amended from time to time. The City shall also not issue any local license to a non-profit entity pursuant to California Business and Professions Code section 26070.5. D. To the extent not already prohibited by subsection A above, all deliveries of cannabis or cannabis products for non-medical purposes, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products for a non-medical purpose, which delivery either originates or terminates within the City. This subsection shall not 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.

A. Notwithstanding Section 5.16.030 above, the delivery of medical cannabis from a business located outside the City and licensed under the MAUCRSA, or any other provision of law that permits State licenses for medical cannabis businesses, shall be permitted into the City. B. To the extent that the following activities are permitted by State law, nothing in this chapter shall prohibit a person 21 years of age or older from:

1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;
2. Possessing, processing, purchasing, transporting, obtaining or giving away a to person 21 years of age or older, without compensation whatsoever, up to eight grams of cannabis I the form of concentrated cannabis;
3. Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and Safety code section 11362.3;
4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons 21 years or older without compensation whatsoever; or
5. Engaging in the cultivation of six or fewer live cannabis plants upon a single parcel of real property. C. This chapter shall also not prohibit any commercial cannabis activity that the City is required by State law to permit within its jurisdiction pursuant to the MAUCRSA.

Any commercial cannabis activity or activity conducted in violation of this chapter is unlawful and is hereby declared a public nuisance, which may be abated pursuant to the provisions of the Loyalton Municipal Code or any provision of State law providing for the abatement of nuisances. In addition to any other enforcement permitted by this Section 5.16.050 or of any other provision of the Loyalton 5.16.030 (Continued) – 5.16.050

Municipal Code, the city attorney or district attorney 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 chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in any other provision of the Loyalton Municipal Code, no provision of any other provision of the Loyalton Municipal Code or this Chapter 5.16 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 any other provision of the Loyalton Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.

5.16.050 (Continued)