Orange Cove Municipal Code Art. II Nonmedical Marijuana

In enacting this article, it is the intent of the city council to protect the safety and welfare of the general public. The Federal Controlled Substances Act, 21 U.S.C. Section 841, prohibits the possession, sale and distribution of marijuana, and the city council finds that sanctioning the establishment of nonmedical marijuana businesses or allowing the delivery of nonmedical marijuana within the city would be inconsistent with federal law. The purpose of this article is to prohibit commercial nonmedical marijuana businesses from being opened or established in the city, and to prohibit nonmedical marijuana deliveries from occurring in the city.

(Ord. No. 383, § 2, 12-13-2017)

A. "City" means the city of Orange Cove.

B. "Commercial nonmedical marijuana business" means any activity licensed by Business and Professions Code Section 26000 et seq., including but not limited to nonmedical marijuana cultivation, distribution, manufacturing, retail, testing, and operation of a microbusiness.

C. "Nonmedical marijuana" means marijuana that is intended to be used for nonmedical purposes pursuant to Health and Safety Code Section 11362.1 et seq.

D. "Nonmedical marijuana delivery" means the commercial transfer of nonmedical marijuana or nonmedical marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of nonmedical marijuana or nonmedical marijuana products.

E. "Nonmedical marijuana products" means nonmedical marijuana 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 marijuana or concentrated cannabis and other ingredients.

F. "Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

(Ord. No. 383, § 2, 12-13-2017)

Nonmedical marijuana deliveries are prohibited in the city. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, nonmedical marijuana deliveries. This section shall not be interpreted to prohibit the transportation of nonmedical marijuana through the city on public roads, as long as such transportation does not involve the delivery of nonmedical marijuana within the city.

(Ord. No. 383, § 2, 12-13-2017)

Commercial nonmedical marijuana businesses are prohibited in the city. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, a commercial nonmedical marijuana business.

Should the city council wish to remove the above prohibition, it will require four affirmative votes of the city council as well as approval by the registered voters of the city at a regularly scheduled election.

(Ord. No. 383, § 2, 12-13-2017; Ord. No. 399, § 1, 10-9-2024)

A. Violation of this article is a public nuisance.

B. Nothing in this article in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, for violations of this article. Such additional remedies, include, but are not limited to, injunctive relief and administrative citations.

(Ord. No. 383, § 2, 12-13-2017)