Porterville Municipal Code Art. XI Cannabis Activities and Use (non-Commercial)

A. The City Council finds that restrictions on personal cannabis activities including drying, harvesting, processing, smoking and use are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community. The City Council's prohibition of such activities is within the authority conferred upon the Council in its Charter and State law.

B. The purpose of this section is to restrict personal cannabis activities including drying, harvesting, processing, smoking, and use, consistent with permitted local regulation under State law.

C. To the extent not covered in this article, personal, non- commercial cultivation of cannabis is regulated, consistent with applicable State law, pursuant to section 301.23 of this Code. (Ord. 1855, 4-16-2019)

For the purposes of this article, "cannabis" and/or "marijuana", "cannabis product", "cannabis accessories", "cultivation", "distribution", "manufacture", "processing", and "transporting" have the same meanings as defined in sections 301.23 and/or 15-85 of this Code. (Ord. 1855, 4-16-2019)

A. Nothing in this article is intended to, nor shall it be construed to, preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other related activities by tenants.

B. Nothing in this article is intended to, nor shall it be construed to, burden any defense to criminal prosecution otherwise afforded by California law.

C. Nothing in this article is intended to, nor shall it be construed to, exempt any cannabis related activity from any and all applicable local and State construction, electrical, plumbing, land use or any other building or land use standards or permitting requirements.

D. Nothing in this article is intended to, nor shall it be construed to, make legal any cultivation, transportation, sale or other use of cannabis that is otherwise prohibited under California law.

E. All personal (non-commercial) cultivation activities are also subject to the provisions of section 301.23 of this Code.

F. Commercial cannabis activities are restricted and regulated under chapter 15, article VII of this Code. (Ord. 1855, 4-16-2019)

If any part of this article is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections of this article. (Ord. 1855, 4-16-2019)

A. Prohibitions:

1. To the extent that the following activities are permitted by State law, nothing in this section shall prohibit a person twenty one (21) years of age or older from:

a. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

b. Possessing, processing, purchasing, transporting, obtaining or giving away to person twenty one (21) years of age or older, without compensation whatsoever, up to eight grams (8 g) of cannabis in the form of concentrated cannabis;

c. Smoking or ingesting cannabis or cannabis products except as prohibited by California Health and Safety Code section 11362.3 or other State laws (and as restricted by this section);

d. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty one (21) years of age or older without compensation whatsoever; or

e. Engaging in the cultivation of six (6) or fewer live cannabis plants, as set forth in section 301.23 of this Code.

2. The use of gas products or other volatile solvent (e.g., CO2, butane, etc.) for cannabis cultivation, processing or manufacture is prohibited.

3. No distribution of cannabis cultivated or processed for personal use shall be allowed other than as authorized by this Code, or required to be allowed by law.

4. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the City, unless the commercial activity is expressly permitted by this Code, and the activity at the location has been expressly authorized by the City in accordance with applicable City regulations and applicable State laws.

5. The smoking, ingesting, or use of cannabis or cannabis products is prohibited in all public places, in all locations where smoking tobacco is prohibited, and on all business properties or within business facilities within the jurisdictional limits of the City, unless otherwise expressly authorized by City regulation, or required to be allowed by State law. (Ord. 1855, 4-16-2019)

Any violation of this article is subject to any and all penalties as prescribed in this Code, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. This section is adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in this Code, no provision of this article authorizes a criminal prosecution, arrest, or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 1855, 4-16-2019)