Chapter 18.180 — COMMERCIAL MARIJUANA USES

A.

The board of supervisors finds that the prohibitions on commercial marijuana uses including the cultivation, marijuana processing, and marijuana dispensaries, are necessary for the preservation and protection of the public health, safety, and welfare for the county and its community. The county's prohibition of such activities is within the authority under state law.

B.

On October 9, 2015, the governor signed the "Medical Marijuana Regulation and Safety Act" ("Act") into law. The Act becomes effective January 1, 2016 and contains new statutory provisions that:

1.

Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana and their intent not to administer a conditional permit program pursuant to Health and Safety Code § 11362.777 for the cultivation of marijuana (Health and Safety Code § 11362.777(c)(4));

2.

Expressly provide that the Act does not supersede or limit local authority for local law enforcement activity, enforcement of local ordinances, or enforcement of local ordinances, or enforcement of local permit or licensing requirements regarding marijuana (Business and Professions Code § 19315(a));

3.

Expressly provide that the Act does not limit the authority or remedies of a local government under any provision of law regarding marijuana, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (Business and Professions Code § 19316(c)); and

C.

The board of supervisors finds that this chapter: (1) expresses its intent to prohibit the commercial cultivation of marijuana in the county and to not administer a conditional permit program pursuant to Health and Safety Code § 11362.777 for the commercial cultivation of marijuana in the county; (2) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (3) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the county and its community.

(Ord. No. 353, § 5, 4-12-2016)

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

A.

"Marijuana" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

B.

"Marijuana cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana for commercial use.

C.

"Marijuana processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.

D.

"Marijuana dispensary" or "marijuana dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code section 19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

(Ord. No. 353, § 5, 4-12-2016)

Commercial marijuana cultivation, marijuana processing, and marijuana dispensaries shall be prohibited activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the county, and no person shall otherwise establish or conduct such activities in the county, except where the county is preempted by federal or state law from enacting a prohibition on any such

activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

(Ord. No. 353, § 5, 4-12-2016)

Any violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 353, § 5, 4-12-2016)

Any violation of this chapter shall be punishable as provided in chapters 8.20 and 18.158 of this code or any successor section thereto.

(Ord. No. 353, § 5, 4-12-2016)

If any section, subsection, sentence or clause of this chapter is, for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 353, § 5, 4-12-2016)