Manhattan Beach Municipal Code Ch. 4.136 Cannabis Activities

Footnotes:

--- (4) ---

Editor's note— Renamed by § 6, Ord. 17-0024, adopted November 7, 2017 and effective December 8, 2017 from "medical marijuana delivery" to "cannabis activities."

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, and any product containing 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, as the same may be amended from time to time.

B. "Cannabis products" 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.

C. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products, 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 other provision of State law that regulates the licensing of cannabis businesses.

D. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

E. "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.

F. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete solid 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 (1) or more lockable doors and inaccessible to minors.

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

H. "Outdoors" means any location that is not within a fully enclosed and secure structure.

I. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

J. "Smoke" means to inhale, exhale, burn, or carry any lighted or heated device or pipe, or any other lighted or heated cannabis or cannabis product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoke" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in a place.

(§ 2, Ord. 16-0037, eff. February 5, 2016; as amended by § 6, Ord. 17-0024, eff. December 7, 2017; Ord. 22-0013, § 3, effective November 8, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

A. It is unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the City. The City shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial cannabis activity.

B. It is unlawful for any person to own, manage, conduct, or operate any cannabis delivery, or to participate as an employee, contractor, agent, or volunteer, in any manner or capacity, in any cannabis delivery in the City.

C. It is unlawful for any person to cultivate cannabis outdoors. Indoor cannabis cultivation is prohibited except as specified in section 10.82.040(A)(5) of this Code.

D. In accordance with Health and Safety Code Section 11362.3, as the same may be amended from time to time, it is unlawful for any person to smoke or ingest cannabis or cannabis products in a public place, or in any location where smoking tobacco is prohibited.

This section shall be read and interpreted in conjunction with Municipal Code Chapter 10.82. It is the intent of the City Council to prohibit all commercial cannabis activity and uses in the City that are not otherwise preempted by state law.

(§ 2, Ord. 16-0037, eff. February 5, 2016; as amended by § 6, Ord. 17-0024, eff. December 7, 2017; Ord. 22-0013, § 3, effective November 8, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

Violations of this chapter are subject to the penalty provisions set forth in Municipal Code Chapters 1.04 and 1.06. In the discretion of the City Prosecutor, a violation of this chapter may be prosecuted as an infraction or misdemeanor. 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 Municipal Code Chapters 1.04 and 1.06, this chapter does not authorize 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 Municipal Code Chapters 1.04 and 1.06, and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(§ 2, Ord. 16-0037, eff. February 5, 2016; as amended by § 6, Ord. 17-0024, eff. December 7, 2017; Ord. 22-0013, § 3, effective November 8, 2022)

Editor's note— Ord. 22-0013 reaffirmed provisions of Ord. 17-0024 and was adopted by the voters on November 8, 2022.

Editor's note— Ord. No. 17-0024, adopted November 7, 2017 and effective December 8, 2017, renamed § 4.136.030 from "civil penalties" to "violation" and repealed § 4.136.040. Former § 4.136.040 pertained to cultivation and derived from § 2, Ord. 16-0037, eff. February 5, 2016.