Rohnert Park Municipal Code Ch. 8.30 Commercial Cannabis Facilities, Cannabis Deliveries, and Cannabis…

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Editor's note— Ord. No. 914, § 3(Exh. A), adopted Dec. 12, 2017, amended Ch. 8.30, in its entirety to read as herein set out. Former Ch. 8.30, §§ 8.30.010—8.30.050, pertained to marijuana cultivation, processing, delivery, and dispensaries, and derived from Ord. No. 896, § 4(Exh. A), adopted Feb. 9, 2016.

A. The purpose and intent of this chapter is to prohibit commercial cannabis activities and to regulate private cannabis cultivation, as defined above, within the city limits to the fullest extent allowed under law.

B. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes.

C. There is evidence that commercial cannabis activities, including cultivation, processing, manufacturing, delivery, and sales, can affect the health, safety, and well-being of city residents by increasing the risks of criminal activity, environmental degradation, malodorous odors, and construction and electrical fire hazards.

(Ord. No. 914, § 3(Exh. A), 12-12-2017)

A. "Accessory structure" shall mean an "accessory building or use" as defined in Section 17.04.030 of this code.

B. "Cannabis" shall have the meaning set forth in Business and Professions Code section 26001(f) and includes 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "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. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

C. "Commercial cannabis activity" has the meaning set forth in Business and Professions Code section 26001(k), and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products as provided under MAUCRSA.

D. "Commercial cannabis facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness.

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

F. "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

G. "Outdoor" means any location within the city of Rohnert Park that is not within a fully enclosed and secure structure.

H. "Private residence" shall mean a house, an apartment unit, a mobile home, or other similar dwelling.

(Ord. No. 914, § 3(Exh. A), 12-12-2017)

Commercial cannabis facilities are prohibited in all zones and districts in the city. No person or entity may establish or operate a commercial cannabis facility within city limits. No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

(Ord. No. 914, § 3(Exh. A), 12-12-2017)

No state-licensed commercial cannabis facility may deliver or transport cannabis to any person or property located in the city.

(Ord. No. 914, § 3(Exh. A), 12-12-2017)

A. No person may cultivate cannabis at any location within the city, except that a person may cultivate no more than six living cannabis plants inside a private residence. Such cultivation may only occur in residences that are fully enclosed and secured against unauthorized entry.

B. All persons cultivating cannabis inside a private residence, shall comply with the following:

1. All planting, cultivation, harvesting, drying, and processing (or similar actions) of cannabis plants, and the cannabis produced by the plants, shall be conducted entirely inside a private residence.

2. Not more than six living cannabis plants may be planted, cultivated, harvested, dried, or processed inside a private residence at one time.

3. The cannabis cultivation area shall not exceed one hundred square feet in total area for all cannabis plants being cultivated and shall not exceed ten feet in height.

4. Cannabis cultivation is not permitted in a greenhouse that is on the property of the private residence unless physically part of the private residence.

5. An accessory structure, as defined by this chapter, shall not be used for cannabis cultivation under this section.

6. The use of gas products (CO2, butane, etc.) for cannabis cultivation or processing is prohibited.

7. Cannabis cultivation lighting shall not exceed one thousand two hundred watts total.

8. No living cannabis plants shall be visible, and light, heat, or other environmental impacts associated with personal cultivation shall be detectable, from a public place, right-of-way, or neighboring property.

9. All private residences used for cannabis cultivation shall, at all times, comply with all applicable provisions of Title 15 of this code and the California Building Standards Code, as amended from time to time.

10. Not more potable water than is reasonably necessary to sustain six living cannabis plants shall be utilized.

11. Cannabis cultivation shall not create any public nuisance condition, including but not limited to those conditions set forth in Chapter 1.24 of this code.

(Ord. No. 914, § 3(Exh. A), 12-12-2017)

The city may enforce this chapter in any manner permitted by law. Any violation of this chapter shall be and is hereby declared to be a public nuisance and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. No. 914, § 3(Exh. A), 12-12-2017)