Pinole Municipal Code Ch. 5.64 Marijuana Dispensaries and Commercial Cultivation

A. In enacting this chapter, it is the intent of the City Council to protect the safety and welfare of the general public.

B. The City Council finds that marijuana dispensaries and commercial marijuana cultivation are public nuisances in that many violent crimes have been committed that can be traced back to the proliferation of marijuana dispensaries, including armed robberies and murders. Increased noise and pedestrian traffic, including nonresidents in pursuit of marijuana, and out-of-area criminals in search of prey, are commonly encountered near or outside marijuana dispensaries or commercial marijuana cultivation operations.

C. Therefore, in order to protect the integrity of the city, the City Council finds that it is in the best interest of the residents of the city to prohibit marijuana dispensaries and commercial marijuana cultivation.

D. The purpose of this chapter is to prohibit medical marijuana dispensaries and commercial marijuana cultivation activities from being opened, conducted, or established in the City of Pinole. Nothing in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. 2017-12 § 2 (part), 2017; Ord. 2014-02 § 3, 2014: Ord. 2016-02 § 2 (part), 2016)

The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:

A. CITY. The City of Pinole.

B. COMMERCIAL MARIJUANA CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, extracting, or processing of marijuana. COMMERCIAL MARIJUANA CULTIVATION shall not include the cultivation of up to six marijuana plants for personal use by adults 21 years of age or older within a locked area equipped with a smoke detector inside of a private residence that is not visible from a public place, as long as such marijuana cultivation complies with Chapter 8.33 of this Code.

C. MARIJUANA. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medial properties, whether growing or not, including but not limited to 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. Marijuana as used in this Chapter also has the same meaning as marijuana as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26001(f), as both may be amended. Any reference to marijuana shall include medical and nonmedical marijuana, unless otherwise specified.

D. MARIJUANA DISPENSARY or DISPENSARY. Any facility, building, structure or location, whether fixed or mobile, where cannabis or cannabis products are for any consideration, transferred from one person to another, and includes delivery pursuant to an order placed between a buyer and seller of cannabis or cannabis product. Marijuana dispensary also means any activities licenses pursuant to Business and Professions Code § 2600 et seq., including but not limited to marijuana manufacturing and testing.

E. PERSON. 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. 2017-12 § 2 (part), 2017; Ord. 2014-02 § 3, 2014: Ord. 2016-02 § 2 (part), 2016)

Marijuana dispensaries 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, the operation of a marijuana dispensary.

(Ord. 2017-12 § 2 (part), 2017; Ord. 2014-02 § 3, 2014)

Commercial marijuana cultivation is 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, commercial marijuana cultivation.

(Ord. 2017-12 § 2 (part), 2017)

No permits or any other applicable license or entitlement for use, including, but not limited to, the issuance of a business license, building permit, conditional use permit, or other land use approval, shall be approved or issued for the establishment or operation of commercial marijuana cultivation or a medical marijuana dispensary in the City of Pinole.

(Ord. 2017-12 § 2 (part), 2017; Ord. 2014-02 § 3, 2014)

A. Violation of this chapter is a public nuisance.

B. Nothing in this chapter 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 chapter. Such additional remedies include, but are not limited to, injunctive relief, administrative citations, or a cause of action under the California Narcotics Nuisance Abatement Act (Health and Safety Code § 11570).

(Ord. 2017-12 § 2 (part), 2017; Ord. 2014-02 § 3, 2014)