National City Municipal Code Ch. 10.14 Recreational Marijuana

A. For purposes of this chapter, "marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code.

B. "Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.

C. "Cultivation of marijuana" shall mean the planting, growing, cultivating, harvesting, drying, curing, grading, trimming or processing of marijuana as defined in Business and Professions Code Section 26001.

D. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products as defined in Business and Professions Code Section 26001(h).

E. "Marijuana accessories" shall have the same meaning as Section 11018.2 of the Health and Safety Code. Any equipment, products, or materials of any kind which are used, 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 marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

F. "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

G. "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

H. "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.

I. "Marijuana products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use of consumptions, such as, but not limited to, edible products, ointments and tinctures and as otherwise defined in Section 11018.1 of the Health and Safety Code.

J. "Marijuana storage facility" means any entity or premises used for the storage of marijuana, marijuana products or marijuana accessories.

K. "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana.

L. "Private residence" means a house, an apartment unit, a mobile home, or other similar habitable dwelling as defined in Health and Safety Code Section 11362.2(b)(5).

M. "Retail marijuana store" includes any entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers; or any premises, whether licensed or unlicensed, where marijuana, marijuana products, or devices for the use of marijuana or marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers marijuana and marijuana products as part of a retail sale.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

The licensing and/or operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, marijuana delivery businesses, marijuana storage facilities, retail marijuana stores, marijuana establishments, or any commercial marijuana activity is prohibited.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

A. Outdoor cultivation. The cultivation of marijuana outdoors is prohibited regardless of purpose.

B. Indoor cultivation. Not more than six plants may be cultivated, planted, harvested, dried, processed or possessed within a single private residence at one time per Health and Safety Code Section 11362.2(a). This provision on indoor cultivation shall only become effective if Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes on November 8, 2016.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

A. It is unlawful for a person under the age of twenty-one years to possess, transfer, transport or purchase marijuana, marijuana products, marijuana accessories.

B. It is unlawful for any person to display, consume, sell, or use marijuana in or upon any public area, public park, or public building.

C. It is unlawful for any person to purchase marijuana or marijuana products for consumption or possession by, or otherwise provide marijuana for consumption or possession by, or to sell marijuana to, any person under the age of twenty-one years.

D. This Section 10.14.040 shall only become effective if Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA") passes on November 8, 2016.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

A. General prohibition. The smoking of marijuana is prohibited anywhere the smoking of tobacco is prohibited.

B. Smoking of marijuana shall be prohibited as stated in Health and Safety Code Section 11362.3.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

A. General penalty. In addition to any other penalties that may exist under state, federal, and local laws, a violation of any provision of this chapter or a failure to comply with any mandatory requirements of this chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this chapter may result in a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a one thousand dollar fine.

B. Public nuisance. The conduct of any activity or business in violation of this chapter is declared to be a public nuisance and the city may, in addition to all other remedies set forth hereunder, commence an action or actions or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by the law; and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, marijuana delivery business, marijuana storage facility, retail marijuana store, marijuana establishment, or any commercial marijuana activity and restrain and enjoin any person from operating, conducting or maintaining such a business or establishment contrary to the provisions of this chapter.

C. Cost recovery. Administering departments are authorized to charge cost recovery fees for services provided under this chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. Said fees may be established from time to time by resolution of the city council.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

The provisions of this chapter shall be enforced by the fire marshal, any police officer, any code compliance officer, and any other city official authorized to enforce any provision of the municipal code.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

(Ord. No. 2016-2414, § 2, 10-18-2016; Ord. No. 2016-2416, § 1, 11-1-2016)