Rancho Palos Verdes Municipal Code Ch. 5.33 Commercial Marijuana Activities Prohibited

A. In order to preserve the public health, safety, and welfare of the residents and businesses of the city, all marijuana-related businesses, activities and uses are prohibited, unless local control is otherwise preempted by state law, and except as provided for by chapter 9.34 (Personal Marijuana Cultivation).

B. This chapter is not intended to interfere with a patient's right to medical marijuana as provided for in Health and Safety Code § 11362.5.

(Code 1981, § 5.33.010; Ord. No. 601U, § 2, 11-8-2017)

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

Cannabis has the same definition as "marijuana" provided in this chapter.

Commercial marijuana activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products; except, as applicable, as set forth in chapter 9.34 (Personal Marijuana Cultivation).

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

Delivery means the commercial transfer of marijuana or marijuana products to a customer and includes the use of any technology platform owned and controlled by the same person making such use.

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities licensed for and/or engaged in commercial marijuana activities.

Distributor means a person engaged in distribution.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

Manufacturer means a person that conducts the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or relabels its container.

Marijuana has the same definition as provided in Business and Professions Code § 26001 for the term "Cannabis" and, as may be amended, defined as "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. The term "Cannabis" also means the separated resin, whether crude or purified, obtained from Cannabis. The term "Cannabis" 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."

Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated marijuana, or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.

Medical marijuana or medical marijuana product means marijuana or a marijuana product used for medical purposes in accordance with state law, including the Compassionate Use Act of 1996 (Health and Safety Code § 11362.5) and the Medical Marijuana Program Act (Health and Safety Code § 11362.7 et seq.).

Microbusiness shall have the same definition as provided for in Business and Professions Code § 26070, and as may be amended from time to time.

Nursery means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana.

Person means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

Retailer means a person engaged in the retail sale and delivery of marijuana or marijuana products to customers.

Testing laboratory means a laboratory, facility, or entity that offers or performs tests on marijuana or marijuana products.

(Code 1981, § 5.33.020; Ord. No. 601U, § 2, 11-8-2017)

A. All commercial marijuana activities, whether medical or recreational (adult use) and including nonprofit operations, are expressly prohibited throughout the city (except for as preempted by state law). No person shall establish, operate, conduct, or allow commercial marijuana activities anywhere within the city except for as preempted by state law.

B. The city shall not issue any permit, license, or entitlement for any commercial marijuana activity (except for as preempted by state law), including, but not limited to, any activity covered by the state license classifications listed below as provided for in Business and Professions Code § 26050:

1. Type 1 = Cultivation; Specialty outdoor; Small.

2. Type 1A = Cultivation; Specialty indoor; Small.

3. Type 1B = Cultivation; Specialty mixed-light; Small.

4. Type 1C = Cultivation; Specialty cottage; Small.

5. Type 2 = Cultivation; Outdoor; Small.

6. Type 2A = Cultivation; Indoor; Small.

7. Type 2B = Cultivation; Mixed-light; Small.

8. Type 3 = Cultivation; Outdoor; Medium.

9. Type 3A = Cultivation; Indoor; Medium.

10. Type 3B = Cultivation; Mixed-light; Medium.

11. Type 4 = Cultivation; Nursery.

12. Type 5 = Cultivation; Outdoor; Large.

13. Type 5A= Cultivation; Indoor; Large.

14. Type 5B = Cultivation; Mixed-light; Large.

15. Type 6 = Manufacturer 1.

16. Type 7 = Manufacturer 2.

17. Type 8 = Testing laboratory.

18. Type 10 = Retailer.

19. Type 11 = Distributer.

20. Type 12 = Microbusiness.

C. This prohibition includes any activities authorized under new or revised state licenses, or any other state authorization, to allow any type, category or classification of medical or recreational (adult use) marijuana commercial activities, or similar operations, including nonprofit, collective or cooperative operations.

D. The prohibition provided by this section includes medical marijuana collectives and cooperatives that operate pursuant to the Compassionate Use Act of 1996 (Health and Safety Code § 11362.5), or otherwise.

(Code 1981, § 5.33.030; Ord. No. 601U, § 2, 11-8-2017)

A. A violation of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and this Code. In addition, the city may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this Code, no conduct which is protected from criminal liability pursuant to state law shall be made criminal by this chapter.

B. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the city either pursuant to this Code, including, but not limited to, procedures provided for in chapter 8.24 (Property Maintenance), or any other available remedies at law or equity.

C. At the discretion of the city prosecutor, any violation of this chapter is punishable as an infraction pursuant to section 1.08.010(B), or punishable as a misdemeanor pursuant to section 1.08.010(A).

D. The remedies described in this section are not exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.

(Code 1981, § 5.33.040; Ord. No. 601U, § 2, 11-8-2017)