Pismo Beach Municipal Code Ch. 9.07 Marijuana Regulation

A. Business and Professions Code Section 26200 authorizes local jurisdictions to adopt and enforce local ordinances governing marijuana-related businesses, including the power to completely prohibit the establishment or operation of marijuana-related businesses otherwise licensed by state authorities under California law. Health and Safety Code Section 11362.2 authorizes a city to completely prohibit the outdoor cultivation of marijuana. The purpose and intent of this chapter is to prohibit the outdoor cultivation, manufacturing, processing, laboratory testing, labeling, storing and wholesale and retail distribution and sale of marijuana in a manner that protects the health, safety and welfare of the city consistent with Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). This chapter is not intended to interfere with a patient's right to obtain medical marijuana, as provided for in California Health & Safety Code Section 11362.5, nor does it criminalize marijuana possession or cultivation as otherwise permitted pursuant to California law.

B. Non-conflicting enactment. No part of this chapter shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. §§ 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.

(Ord. O-2017-001 § 2 (part), 2017)

Except as otherwise required by California law, outdoor cultivation, manufacture, processing, laboratory testing, labeling, storing and wholesale and retail distribution and sale of marijuana is prohibited within the City. Nothing in this section shall be interpreted to prohibit the mobile delivery of medicinal marijuana in full compliance with applicable California law.

(Ord. O-2017-001 § 2 (part), 2017)

Violation of any provision of this chapter is a misdemeanor unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, upon the prosecutorial recommendation of the city attorney, determines that the offense is an infraction. Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.

(Ord. O-2017-001 § 2 (part), 2017)

In addition to any other remedies available under this Code or California law, the violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. O-2017-001 § 2 (part), 2017)