Chapter 10.70 — CANNABIS REGULATIONS

A. The City Council finds that the prohibitions on cannabis cultivation, cannabis processing, cannabis delivery, and cannabis dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council in the City Charter and State law.

B. The City Council finds that this chapter: (1) expresses its intent to prohibit the cultivation of cannabis in the City; (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 City and its community; and (4) expressly prohibits the delivery of cannabis in the City, to the extent permitted by State and Federal law. (Ord. 2015-33 § 2 (part), 2015; Ord. 2023-22 § 504, 2023)

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

A. “Cannabis” 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 cannabis infused in foodstuff or any other ingestible or consumable product
containing cannabis. “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. For the purpose of this chapter, “cannabis” does not mean “industrial
hemp” as defined by California Food and Agricultural Section 81000 or California Health
and Safety Code Section 11018.5.

B. “Caregiver” or “primary caregiver” shall have the same meaning as set forth in California
Health and Safety Code Section 11362.7(e).

C. “Commercial cannabis activity” shall have the same meaning as set forth in California
Business and Professions Code Section 26001(j).

D. “Cooperative” means two or more persons collectively or cooperatively cultivating, using,
transporting, possessing, administering, delivering, or making available cannabis, with or
without cultivation.

E. “Cultivation” or “cultivate” shall have the same meaning as set forth in California Business
and Professions Code Section 19300.5(l).

F. “Delivery” shall have the same meaning as set forth in California Business and Professions
Code Section 19300.5(m).

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City of Newport Beach, CA § 10.70.020 OFFENSES AND NUISANCES § 10.70.030

G. “Dispensary” shall have the same meaning as set forth in California Business and
Professions Code Section 19300.5(n). For purposes of this chapter, “dispensary” shall also
include a cooperative.

H. “Medical cannabis” shall have the same meaning as set forth in California Business and
Professions Code Section 19300.5(a) through (f).

I. “Medicinal and Adult-Use Cannabis Regulation and Safety Act” shall mean and refer to
California Business and Professions Code Section 26000 et seq.

J. “Processing” means any method used to prepare cannabis 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 cannabis related products and concentrates.

K. “Qualifying patient” or “qualified patient” shall have the same meaning as set forth in
California Health and Safety Code Section 11362.7.
(Ord. 2015-33 § 2 (part), 2015; Ord. 2023-22 § 505, 2023)

A. No person shall establish, operate, conduct, permit or allow any cannabis or medical cannabis related use in the City, including, but not limited to, cannabis cultivation, processing, delivery, dispensary, cooperatives and all other commercial cannabis activities including, but not limited to, those activities for which a State license is required under the Medicinal and Adult-Use Cannabis Regulation and Safety Act, regardless of whether the cannabis is used for medicinal purposes, except where the City is preempted by Federal or State law from enacting a prohibition on any such activity.

B. No use permit, variance, building permit, or any other entitlement, license, or permit,
whether administrative or discretionary, shall be approved or issued for any activities that
relate in any way to cannabis or medical cannabis uses including, but not limited to,
cannabis cultivation, processing, delivery, the establishment or operation of a dispensary, a
cooperative or other commercial cannabis activities including, but not limited to, activities
for which a state license is required under the Medicinal and Adult-Use Cannabis
Regulation and Safety Act, except where the City 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.

C. This section shall not limit the retail sale by delivery of medical cannabis to a qualified
patient or caregiver from a location outside of the City’s jurisdiction, or from a non-
storefront retailer, which is closed to the public, and which is located in the City’s
jurisdiction on or after January 1, 2024. Any non-storefront retailer shall:

1. Have a non-storefront license issued by the Department of Cannabis Control prior to
beginning operations within the City’s jurisdiction.

2. Employ or contract for security personnel who are at least twenty-one (21) years of
age to provide security services on the premises. All security personnel employed or
contracted for by the non-storefront retailer shall be licensed by the Bureau of
Security and Investigative Services and shall comply with California Business and
Professions Code, Division 3, Chapters 11.4 and 11.5.

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City of Newport Beach, CA § 10.70.030 NEWPORT BEACH CODE § 10.70.030

3. Obtain a business license from the City.

4. Require every person delivering cannabis to carry a copy of the following
documentation, which shall be provided to law enforcement upon request:

a. A copy of the non-storefront retailer’s current permits, licenses, and entitlements authorizing them to provide transportation and distribution services;

b. The person’s government-issued identification;

c. A copy of the transportation and distribution request; and

d. Chain of custody records for all medical cannabis being delivered, which shall
include, but not be limited to, (i) the name, phone number and address of the
qualified patient or caregiver; (ii) the amount of medical cannabis to be or that
was delivered; (iii) the date and time of delivery; and (iv) the delivery location.

D. No person who is an owner, manager, operator, contractor, or employee of a non-storefront
retailer shall:

1. Sell or deliver cannabis or medical cannabis to any person other than a qualified
patient or caregiver.

2. Sell any cannabis, medical cannabis, cannabis accessories, or branded merchandise
from the non-storefront retailer’s business location.

3. Sell or deliver within the City any promotional materials, branded merchandise, or
cannabis accessories including, but not limited to, pipes, rolling paper, or vape
cartridge batteries.
(Ord. 2015-33 § 2 (part), 2015; Ord. 2023-22 § 506, 2023)

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City of Newport Beach, CA § 10.75.010 OFFENSES AND NUISANCES § 10.75.020