Chapter 17.75 — CANNABIS REGULATIONS

The primary purpose of this chapter is to protect the public health, safety, and welfare of residents and medicinal cannabis patients of the city by prescribing: (1) the way individuals can cultivate cannabis for personal use in the city; and (2) prohibiting all other commercial cannabis activities in the city, including delivery. Protection of the public shall be the highest priority for the city in exercising its regulatory and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

(Ord. 428 § 4, 2018)

• A. Definitions: For purposes of this chapter, the following terms shall have the following meanings:

"Cannabis cultivation" or "cultivate cannabis" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Commercial cannabis activity" means cultivation, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, distribution, or sale of cannabis or a cannabis product for non-medicinal 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 excludes medicinal cannabis dispensaries.

"Detached, fully-enclosed and secure structure" shall mean a building completely detached from a residence or dwelling unit that complies with the Malibu City Building and Zoning Codes and LCP and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.

"Indoors" shall mean within a fully-enclosed and secure structure.

"Legal parcel" shall mean any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Government Code Section 66410 et seq.).

"Marijuana" or "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/marijuana" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis/marijuana" also includes cannabis that is used for medical, non-medicinal, or other purposes. However, "Cannabis/marijuana" 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/marijuana" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5 .

"Medicinal cannabis delivery" shall mean the commercial transfer of cannabis or cannabis products to a customer. It also includes the use by a retailer of any technology platform owned and controlled by the retailer.

"Medicinal cannabis" or "medicinal cannabis product" shall mean cannabis or cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Care Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.

"Premises" shall mean a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter.

"Primary caregiver" shall mean a "primary caregiver" as defined in Health and Safety Code Section 11362.7 .

"Qualified patient" shall mean a "qualified patient" as defined in Health and Safety Code Section 11362.7 .

"Rear yard" shall mean the rear open space portion of any premises, whether fenced or unfenced.

"Residential structure" shall mean any building or portion thereof legally existing which contains living facilities, including provisions for sleeping, eating, cooking and sanitation on a premises located within a zoning district that allows residential uses. (Ord. 428 § 4, 2018)

Except for medicinal cannabis dispensaries permitted to operate pursuant to Section 17.66.120 and Chapter 5.55 and retailer storefronts permitted to operate pursuant to Chapter 5.55 , all commercial cannabis activities are prohibited in all zones in the city. (Ord. 428 § 4, 2018; Ord. 443 § 4, 2018)

• A. Cannabis cultivation is prohibited in all zones in the city. It is unlawful for any person or persons owning, leasing, occupying, or having charge or possession of any legal parcel or premises within any zoning district in the city to cultivate cannabis in violation of this chapter.

• B. Notwithstanding the above, cannabis cultivation does not include the cultivation of six or fewer live cannabis plants inside a single residential structure or a detached, fully-enclosed and secure structure in accordance with Health and Safety Code Section 11362.2 , provided that:

  1. The person cultivating the cannabis cultivates only on a parcel where the person resides full-time in a residential unit;

  2. The person cultivating does not participate in cannabis cultivation in more than one premises within the city;

  3. The person cultivating is over 21 years of age.

  4. Cannabis cultivation activities only occur inside a residential structure or a separate, detached, fully-enclosed and secure structure on the premises;

  5. From the public right-of-way, there shall be no exterior evidence of cannabis cultivation;

  6. The cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use or storage of materials, processes, products or waste;

  7. The cannabis cultivation shall not exceed six cannabis plants of any size per residential structure. The maximum number of plants shall be limited regardless of the number of individuals, qualified patients or primary caregivers residing on the premises;

  8. Any accessory structure used for cannabis cultivation shall be located within the rear yard area of any legal parcel or premises; and

  9. Any detached, fully-enclosed and secure structure used for cannabis cultivation shall maintain a minimum setback of 10 feet from any property line.

• (Ord. 428 § 4, 2018)

• A. Any person in violation of any provision of this chapter shall be punishable by an administrative fine of up to $1,000 per offense or per plant above six in addition to any other penalties and remedies available to the city, and otherwise subject to the administrative fine provisions of the municipal code.

• B. Any violation of this chapter shall constitute a separate offense for each and every day the violation occurs or persists.

• C. These penalties and remedies are cumulative and in addition to any other penalties and remedies available to the city.

• (Ord. 428 § 4, 2018)