Division 17.48

CANNABIS CULTIVATION AND FACILITIES

Sections 17.48.010 Purpose and intent 17.48.020 Definitions 17.48.030 Prohibitions 17.48.040 Cannabis Cultivation 17.48.050 Cannabis Deliveries 17.48.060 Penalties 17.48.070 Civil Injunction

The purpose and intent of this division is to prohibit any commercial cannabis facility and to regulate cannabis cultivation within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare. (Ord. 743 N.S., 05/2018; Ord. 738 N.S., 12/2017; Ord. 728 N.S., 03/2017)

In this division:

Cannabis or marijuana has the meaning set forth in Business and Professions Code section 26001(f) and includes 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 or marijuana also means the separated resin, whether crude or purified, obtained from cannabis. Cannabis or marijuana 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 or marijuana does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.

Commercial cannabis activity has the meaning set forth in Business and Professions Code section 26001(k), and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or a cannabis product.

Commercial cannabis facility means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to

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cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.

Cultivation has the meaning set forth in Business and Professions Code section 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

State Cannabis Laws shall mean and include California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); California Health and Safety Code Sections 26000 through 26211 (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); California Health and Safety Code Sections 26220 through 26231.2; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA; and all other applicable laws of the state of California. (Ord. 738 N.S., 12/2017; Ord. 728 N.S., 03/2017)

Commercial cannabis facilities are prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within city limits. A property owner may not allow its property to be used by any person or entity as a commercial cannabis facility. (Ord. 738 N.S., 12/2017; Ord. 728 N.S., 03/2017)

A. All cannabis cultivation within city limits is prohibited except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur inside residences and accessory structures that are fully enclosed and secured against unauthorized entry.

B. If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence.

C. Persons cultivating cannabis under this section shall comply with all applicable Building Code requirements set forth in the Piedmont City Code.

D. There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

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E. All private cultivation under this section shall comply with Health and Safety Code section 11362.2(a)(3). (Ord. 738 N.S., 12/2017; Ord. 728 N.S., 03/2017)

A. State-licensed commercial cannabis facilities located outside the City may personally deliver cannabis and cannabis products to individuals within the City, provided that such deliveries are in strict compliance with State Cannabis Laws and have complied with Municipal Code Chapter 10 regarding business licenses.

B. Vehicles used in the delivery process must be unmarked without any designation or logo that identifies the vehicle as a cannabis delivery vehicle.

C. Cannabis and cannabis product deliveries within the City may not occur between 9:00 p.m. and 7:00 a.m. (Ord. 738 N.S., 12/2017)

Violation of any provision of this division is subject to penalties as set forth in City Code Chapter 1, Article II. (Ord. 743 N.S., 05/2018; Ord. 738 N.S., 12/2017)

Any violation of this division is declared to be a public nuisance per se and contrary to the public interest and, at the discretion of the City, will be subject to a cause of action for injunctive relief. (Ord. 743 N.S., 05/2018; Ord. 738 N.S., 12/2017)

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