Reedley Municipal Code Ch. 13 Marijuana

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the City by regulating the cultivation, processing, extraction, manufacturing, testing, storing, distribution, transportation, delivery, sale, and consumption of marijuana, whether for medical purposes or recreational or adult use as currently allowed under State law. (Ord. 2018-005, 9-25-2018)

For purposes of this chapter, the following definitions shall apply:

AUMA: Means the Control, Regulate and Tax Adult Use of Marijuana Act approved by California voters as Proposition 64 on November 8, 2016.

ACT: Means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act ("MCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, MCRSA, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning.

CANNABIS OR MARIJUANA: Shall have the meaning set forth in California Business and Professions Code section 26001, as that section may be amended from time to time. Cannabis and marijuana may be used interchangeably, but shall have the same meaning.

COLLECTIVE OR COOPERATIVE CULTIVATION: Means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may be allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Cannabis Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.

COMMERCIAL MARIJUANA OPERATION: Means any commercial cannabis activity as set forth in California Business and Professions Code section 26001(k), as that section may be amended from time to time, and allowed under the Act, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for adult use cannabis.

CULTIVATION: Shall be defined in accordance with the AUMA, the MCRSA, the MAUCRSA, Business and Professions Code section 26001, as that section may be amended from time to time, and other applicable State laws.

CULTIVATION AREA: Means a fully enclosed and secure area within a private residence or accessory structure to a private residence that is located on the same parcel as the private residence that is used for personal cultivation, and which has a complete and solid roof supported by connecting walls extending from the ground to the roof which is secure against unauthorized entry, is not accessible by minors, provides complete visual screening, and is accessible only through one or more lockable points of entry.

DELIVERY: Shall have the same meaning set forth in California Business and Professions Code section 26001(p), as that section may be amended from time to time, and includes the commercial transfer of cannabis, medicinal cannabis, or cannabis products to a customer, as well as the use of any technology platform that enables any person to arrange for or facilitate the transfer.

MAUCRSA: Means the Medicinal and Adult-Use Cannabis Regulation and Safety Act found in Business and Professions Code section 26000, et seq.

MARIJUANA DISPENSARY OR DISPENSARY: Means any facility, establishment, or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two (2) persons.

MARIJUANA PRODUCTS: Means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Marijuana products" includes the definition of "cannabis products" and may be used interchangeably, but shall have the same meaning.

MEDICAL MARIJUANA OR MEDICAL MARIJUANA USE: Means the use of cannabis for medical or medicinal purposes as set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 11362.5 and 11362.7 et seq.

PERSONAL CULTIVATION: Means the personal non-commercial cultivation of cannabis by an individual twenty one (21) years of age or older for personal use in a proper cultivation area. Personal cultivation shall include the non-commercial actions of planting, growing, harvesting, drying and processing cannabis for personal use. All personal cultivation shall be subject to the regulations imposed by the AUMA and this Code.

PERSONAL CULTIVATION PERMIT: Means a City permit to cultivate cannabis for personal use pursuant to the terms and conditions of this chapter and the conditions of approval for the permit.

PERSONAL CULTIVATION PERMITTEE: Means an applicant who has applied for and has been issued a personal cultivation permit by the City pursuant to the terms and conditions of this chapter.

PERSONAL USE OR ADULT USE: Means the smoking, consumption, or ingestion of cannabis or cannabis products by an individual twenty one (21) years of age or older. Personal use and adult use may be used interchangeably, but shall have the same meaning, and includes cannabis consumption by means of vaporizers and electronic cigarettes.

PRIVATE RESIDENCE: Means a house, apartment unit, condominium, mobile home or similar dwelling.

RECREATIONAL MARIJUANA OR RECREATIONAL MARIJUANA USE OR ADULT USE: Means all uses of cannabis not included within the definition of medical marijuana use. Recreational and adult use may be used interchangeably, but shall have the same meaning. (Ord. 2018-005, 9-25-2018)

All personal cultivation and personal use of cannabis within the City is prohibited except as expressly permitted by this chapter. (Ord. 2018-005, 9-25-2018)

To the extent that the City is required to allow the cultivation of medical marijuana under State law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.

A. Personal Use Cultivation: An individual qualified patient or person with an identification card shall be allowed to cultivate medical marijuana within his/her private residence, in an attached garage, or in an accessory building if the property is detached single family residential. The cultivation of medical marijuana outdoors is prohibited. A primary caregiver may only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:

1. Area: The medical marijuana cultivation area shall not exceed twenty four (24) square feet measured by the canopy and not exceed eight feet (8') in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area.

2. Lighting: Medical marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts.

3. Building Code Requirements: Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable Building and Fire Codes, including plumbing and electrical, and all applicable Zoning Codes, including lot coverage, setback, height requirements, and parking requirements.

4. Gas Products: The use of gas products (CO2, butane, propane, etc.) for medical marijuana cultivation or processing is prohibited.

5. Evidence Of Cultivation: The cultivation of medical marijuana outdoors is prohibited. From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring on the site.

6. Residence: The qualified patient or person with an identification card shall reside in the private residence where the medical marijuana cultivation occurs.

7. Cultivation Elsewhere In City: The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the City of Reedley.

8. Incidental Use: The residence shall maintain kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.

9. Ventilation: The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or property line for detached single family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include at a minimum, a system meeting the requirements of the current, adopted edition of the California Building Code section 1203.4 Natural Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s)).

10. Storage Of Chemicals: Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights-of-way.

11. Nuisance: The medical marijuana cultivation area must not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; and must not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.

12. Property Owner Authorization: For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate medical marijuana at the residence.

13. Notification: The owner and any lessee of the residence upon which cultivation will occur shall inform the Police Department of the intent to cultivate medical marijuana and pick up a handout setting forth the owner and lessee responsibilities under this chapter. This notification shall be provided prior to the commencement of the cultivation. The Police Department may direct the owner and lessee to the Community Development Department for more information about Building Code and permit requirements that may be applicable if alterations or additions to the residence are contemplated. The Police Department and Community Development Department shall keep qualified patient information confidential to the extent required by law.

14. Additional Requirements For Garages And Accessory Buildings: The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building:

a. The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top, and entirely opaque.

b. The garage or accessory building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum Building Code requirements for residential structures and include material strong enough to prevent entry except through an open door.

15. Posting Of Physician Recommendation Or Identification Card; Posting Of Owner Permission: A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence that is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana shall be posted in the same manner.

B. Collective Or Cooperative Cultivation: The collective or cooperative cultivation of medical marijuana is prohibited in the City. (Ord. 2018-005, 9-25-2018)

To the extent that the City is required to allow the cultivation of recreational marijuana under State law, the rules set forth herein shall apply. Nothing in this section shall be interpreted to permit commercial marijuana operations or marijuana dispensaries otherwise prohibited by this chapter.

A. State Law Limits: The cultivation of recreational marijuana shall be subject to the limits set forth in any applicable State law.

B. Compliance With Medical Marijuana Personal Use Cultivation Rules: All persons lawfully allowed to cultivate recreational use marijuana in the City under State law shall be subject to the same rules, requirements, limitations and regulations applicable to the personal use cultivation of medical marijuana set forth in this chapter, and shall also obtain and maintain a personal cultivation permit and comply with all the requirements for obtaining and maintaining a personal cultivation permit as provided in subsection C of this section.

C. Personal Cultivation Permit Required: No person may plant, cultivate, harvest, dry or process marijuana plants or marijuana products outdoors, and no personal cultivation permit may be issued for outdoor cultivation. No person may plant, cultivate, harvest, dry or process marijuana plants inside a private residence or accessory structure to a primary residence without first obtaining a personal cultivation permit from the Police Department.

1. Personal Cultivation Permit Application Requirements: Any person wishing to obtain a personal cultivation permit from the City must file an application to the City upon a form provided by the City. An application for a personal cultivation permit must include the following information:

a. The address of the location of the private residence for which the personal cultivation permit is sought. Only one personal cultivation permit will be issued per address.

b. The names and ages of all occupants of the parcel of real property for the proposed personal cultivation site.

c. For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate marijuana at the residence.

d. Evidence that the cultivation area will be located in a legal structure that is compliant with all applicable State and local laws.

e. Authorization for the law enforcement personnel, Fire Department personnel, the Code Enforcement Officer, and the building official to enter and inspect the cultivation area at any time upon twenty four (24) hours' advance notice for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, the Health and Safety Code, the California Building Code, and all other applicable State and local laws.

f. A statement in writing by the applicant that the applicant certifies under penalty of perjury that all of the information contained in the application is true and correct.

g. Any such additional information as is deemed necessary by the Police Chief to administer this chapter.

2. Personal Cultivation Permit Conditions: The following conditions apply to each personal cultivation permit:

a. Each personal cultivation permittee must pay a personal cultivation permit fee in an amount to be established by resolution of the City Council to offset the cost to the City of administering this chapter as a prerequisite to obtaining the personal cultivation permit.

b. A personal cultivation permit will not be awarded or renewed if:

(1) The applicant made one or more false or misleading statements or omissions in the application or during the application process;

(2) A personal cultivation permit already exists at the proposed personal cultivation site;

(3) The proposed personal cultivation activity would violate State or local law;

(4) The applicant does not have legal authority to engage in personal cultivation at the proposed personal cultivation site;

(5) The applicant has not satisfied each and every requirement of this chapter;

(6) The applicant has had a previous personal cultivation permit revoked.

c. Personal cultivation permits are subject to any additional conditions that may be imposed or applied by the City at the time of issuance or renewal as necessary to properly regulate the activity and protect the public.

d. Personal cultivation permits shall expire and become null and void twelve (12) months after issuance unless properly renewed.

e. Personal cultivation permits issued pursuant to this chapter are not transferable under any circumstances. (Ord. 2018-005, 9-25-2018)

A. Commercial Marijuana Operations: Commercial marijuana operations as defined in section 5-13-2 of this chapter are prohibited within the City.

B. Dispensaries: Marijuana dispensaries as defined in section 5-13-2 of this chapter are prohibited within the City.

C. Deliveries: The delivery of marijuana as defined in section 5-13-2 of this chapter is prohibited in the City regardless of whether the delivery is initiated within or outside of the City, and regardless of whether a technology platform is used for delivery by the dispensary.

D. Exceptions: The following facilities providing medical marijuana to patients are not subject to the dispensary ban provided they are in strict compliance with Health and Safety Code sections 11362.5 and 11362.7 et seq., and all other State and local laws pertaining to the uses, including zoning, permitting, and licensing requirements:

1. A clinic licensed pursuant to chapter 1 (commencing with section 1200) of division 2 of the Health and Safety Code.

2. A health care facility licensed pursuant to chapter 2 (commencing with section 1250) of division 2 of the Health and Safety Code.

3. A residential care facility for persons with chronic life- threatening illness licensed pursuant to chapter 3.01 (commencing with section 1568.01) of division 2 of the Health and Safety Code.

4. A residential care facility for the elderly licensed pursuant to chapter 3.2 (commencing with section 1569) of division 2 of the Health and Safety Code.

5. A residential hospice, or a home health agency licensed pursuant to chapter 8 (commencing with section 1725) of division 2 of the Health and Safety Code. (Ord. 2018-005, 9-25-2018)

No person, including a qualified patient, shall smoke, ingest, or otherwise consume marijuana in the City of Reedley unless such smoking, ingesting or consumption occurs entirely within a private residence, or on the premises of a private residence but out of public view, or within a clinic, healthcare facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code. "Within a private residence" shall mean inside habitable areas and shall not include garages, whether attached or detached, and other accessory buildings. "Out of public view" shall mean out of view from public rights-of-way where members of the public are lawfully entitled to be. Consumption in garages and other accessory buildings shall be out of public view.

All consumption shall be done in a manner so as to not cause a nuisance to nearby residents or the public with noxious odors or other adverse health and safety impacts. (Ord. 2018-005, 9-25-2018)

Any use, condition, or activity caused or permitted to exist in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the City in accordance with applicable law or any other remedy available to the City. (Ord. 2018-005, 9-25-2018)

Any violations of this chapter for conduct that is not otherwise considered lawful under State law, shall be considered a misdemeanor and may be punishable in accordance with title 1, chapter 4 of this Code. Each and every day, or portion thereof, a violation exists is a separate offense. The City may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the City intends that the misdemeanor provision be severable from the remaining penalty provisions and the City will only pursue non-criminal remedies for violations of this chapter. (Ord. 2018-005, 9-25-2018)

If any section, subsection, phrase, provision, or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection, phrase, provision, or clause hereof irrespective of the fact that any one or more sections, subsections, phrases, provisions, or clauses be declared invalid. (Ord. 2018-005, 9-25-2018)

Judicial review of a decision made under this chapter may be had by filing a petition for a writ of mandate with the Superior Court in accordance with the provisions of the California Code of Civil Procedure section 1094.5. Any such petition shall be filed within ninety (90) days after the day the decision becomes final as provided in California Code of Civil Procedure section 1094.6, which shall be applicable for such actions. (Ord. 2018-005, 9-25-2018)