Port Hueneme Municipal Code § 3996.1 Distribution

In addition to any other requirements of an Operations Plan, a testing service or a facility engaged in manufacturing cannabis products must include, as conditions precedent to issuance of a Certificate of Approval, an Operations Plan encompassing the elements set forth in Section 3996.

(Ord. No. 797, § 4, 6-3-24)

A. The manufacture of cannabis products and the operations of a testing service must be undertaken in a manner that ensures the health, safety, and welfare of the public, the employees of the cannabis business, visitors, and neighboring properties, and must be in full compliance with State law.

B. All law enforcement and code enforcement personnel seeking admission to the manufacturing or testing site for the purpose of ascertaining compliance with the standards and regulations of this Code must be given unrestricted access to all areas of the premises at all times during hours of operation. Consent to such unrestricted access must be acknowledged by the applicant and included within the Operations Plan.

C. It is unlawful for any person under the age of twenty-one (21) to be present within the area where the manufacture or testing of cannabis products is occurring. A sign must be posted at each entrance to a manufacturing or testing facility informing visitors of these restrictions.

D. All manufacturing and testing activity must be conducted in compliance with all applicable State and local water conservation laws, ordinances, and regulations.

E. It is unlawful for any person to employ another person under the age of twenty-one (21) at a cannabis manufacturing or testing facility.

F. Entrances into any area of a cannabis manufacturing or testing facility where cannabis products are made, tested or kept must be locked at all times with entry strictly controlled. The specifics of such entry system must be set forth in the Operations Plan.

G. Odor control devices and techniques must be incorporated in a cannabis manufacturing or testing facility as needed to ensure that odors from cannabis are not detectable outside of the facility or in any tenant space or area adjacent to the facility.

H. A cannabis manufacturing or testing facility must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.

I. It is unlawful for cannabis manufacturing or testing facilities to be open to the public.

J. Any compressed gases used in the manufacturing or testing process shall not be stored in containers that exceed one hundred fifty (150) pound tanks in size. Each facility shall be limited to a total of eight (8) tanks on the property at any time.

K. Cannabis manufacturing and testing facilities are limited to the following methods, equipment, solvents, gases and mediums when creating cannabis extracts:

1. Cannabis manufacturing and testing facilities may use the hydrocarbons N-butane, isobutane, propane, or heptane or other solvents or gases exhibiting low to minimal potential human-related toxicity approved by the director. These solvents must be of at least ninety-nine (99) percent purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents, work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

2. Any extraction processes must use a professional grade closed loop CO 2 gas extraction system where every vessel is rated to a minimum of six hundred (600) pounds per square inch. The CO 2 must be of at least ninety-nine (99) percent purity.

3. Closed loop systems for hydrocarbon or CO 2 extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

4. Certification from a licensed engineer must be provided to the Community Development Department for professional grade closed loop systems used by any cannabis manufacturing or mechanized testing system to certify that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, such as: (i) the American Society of Mechanical Engineers (ASME); (ii) the American National Standards Institute (ANSI); (iii) Underwriters Laboratories (UL); or (iv) the American Society for Testing and Materials (ASTM).

5. The certification document must contain the signature and stamp of a professional engineer and serial number of the extraction unit being certified.

6. Professional closed loop systems, other equipment used, the extraction operation, and facilities must be approved for their use by the Fire Department and meet any required fire, safety, and building code requirements specified in the California Building Reference Codes.

L. Cannabis manufacturing facilities may use heat, screens, presses, steam distillation, ice water, and other methods without employing solvents or gases to create kief, hashish, bubble hash, or infused dairy butter, or oils or fats derived from natural sources, and other extracts.

M. Cannabis manufacturing facilities may use food grade glycerin, ethanol, and propylene glycol solvents to create extracts. All ethanol must be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere.

N. Cannabis manufacturing facilities creating marijuana extracts must develop standard operating procedures, good manufacturing practices, and a training plan prior to producing extracts for the marketplace. Any person using solvents or gases in a closed looped system to create marijuana extracts or otherwise in a testing or manufacturing facility must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store the solvents and gases safely.

O. Parts per million for one (1) gram of finished extract produced in a manufacturing facility cannot exceed five hundred (500) parts per million of residual solvent or gas when quality assurance tested.

P. It is unlawful for cannabis or cannabis products or graphics depicting cannabis or cannabis products to be publicly visible from the exterior of the property. It is unlawful to store cannabis or cannabis products outside of the facility at any time.

Q. Each facility must provide the Police Chief, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.

R. All entrances and exits to and from the premises, must be monitored by twenty-four-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the operations plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of forty-five (45) days. The video surveillance system specifications must be set forth in the operations plan before the City issues a certificate of occupancy for the facility.

S. A facility must maintain a valid business license as required by this Code.

T. A Certificate of Approval for a facility is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the Certificate of Approval itself.

U. The following requirements shall apply to all testing facilities:

1. Testing laboratories shall be required to conduct all testing in a manner pursuant to Business and Professions Code Section 26100 and shall be subject to State and local law. Each testing laboratory shall be subject to additional regulations as they are developed or modified by the State of California.

2. Testing laboratories shall conduct all testing in a manner consistent with general requirements for the competence of the testing and calibration activities, including a sampling using verified methods, pursuant to Section 26100(f).

3. All cannabis testing laboratories performing testing shall obtain and maintain ISO/IEC 17025 accreditation as required by the State, pursuant to Section 26100(g).

4. Testing laboratories shall destroy the remains of the sample cannabis or cannabis products upon the completion of the analysis as determined by the State through regulations, pursuant to Section 26100(i).

5. Testing laboratories shall dispose of any waste byproduct resulting from their operations in the manner required by State and local laws and regulations.

(Ord. No. 797, § 4, 6-3-24)

A. Distribution is the procurement, sales and transport of cannabis and cannabis products between dispensaries.

B. The transportation of cannabis or cannabis products shall only be conducted by persons holding a distribution certificate or employee of those persons.

C. Transportation safety standard, in addition to those imposed by the State of California, shall approved by the Chief of Police including without limitations, the type of vehicles in which cannabis or cannabis product may be distributed, and minimal qualification for persons eligible to operate such vehicles.

D. A person holding a distribution certificate shall observe all security manifest, and notice requirements of Section 26070 (sections e through n, inclusive).

(Ord. No. 797, § 4, 6-3-24)