Chapter 19.62 — MARIJUANA DISPENSARIES

The City Council adopts this chapter based upon the following findings:

• A. The voters of the State of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 et seq., and entitled, “The Compassionate Use Act of 1996”).

• B. The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to be able to obtain and use it without fear of State criminal prosecution under limited, specified circumstances.

• C. The State enacted SB 420 in 2004 to clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420.

• D. The State further enacted SB 643, SB 266, and AB 243 in 2015 to further clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other governing bodies to adopt and enforce rules and regulations, consistent with State law, for regulating marijuana distribution, cultivation, delivery, and transportation within their cities.

• E. In 2016 the voters of the State of California approved Proposition 64 entitled, “The Adult Use of Marijuana Act”, which legalized limited recreational use of marijuana.

• F. In 2017 the State enacted SB 94 to reconcile the Adult Use of Marijuana Act with prior State law on medical marijuana use.

• G. The Federal Controlled Substances Act, makes it unlawful to manufacture, distribute, dispense, or possess marijuana as it is a Schedule 1 controlled substance. Accordingly, marijuana possession and use is illegal under Federal law.

• (Ord. 5662 § 3, 2016; Ord. 5862 § 1, 2017)

For the purposes of this chapter, the words and phrases shall have the same meanings respectively ascribed to them by this section:

“Cannabis,” “marijuana,” “medical cannabis,” and/or “medical marijuana” shall be used interchangeably and means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether for medical or non-medical purposes, 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. This includes the separated resin, whether crude or purified, obtained from marijuana and as defined by California Health and Safety Code Section 11018 , as may be amended. This section does not mean “industrial hemp” as defined by California Food and Agricultural Code Section 81000 , as may be amended, or California Health and Safety Code Section 11018.5 , as may be amended.

“Delivery” or “deliver” shall mean any transfer of marijuana or marijuana products, whether for compensation or otherwise.

“Distribution” means the procurement, sale, transfer, and/or transport of marijuana and/or products made from marijuana.

“Marijuana dispensary” or “dispensary” means a facility or location, whether permanent, temporary, or mobile, where marijuana, products made from marijuana, or devices for the use of marijuana are offered, either individually or in any combination, for sale, use, transportation, distribution, and/or delivery, whether for compensation or otherwise, by or to: (1) another dispensary or processing facility; or (2) two or more of the following: a primary caregiver, a qualified patient, a person with an identification card, or anyone authorized under State law to use marijuana.

“Medical purpose” shall mean use of marijuana by a primary caregiver, qualified patient, and/or person with an identification card for personal medical purposes, as provided by California Health and Safety Code Section 11362.7 et seq.

“Non-medical purpose” shall mean use of marijuana by a person other than a primary caregiver, qualified patient, and/or person with an identification card, who is otherwise authorized under local, State, or Federal laws to cultivate marijuana, for personal non-medical use.

“Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.

“Person with an identification card” shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as may be amended, and as may be amended by California Department of Public Health’s “Medical Marijuana Program.”

“Primary caregiver” shall have the same definition as in California Health and Safety Code Section 11362.7 et seq., as may be amended.

“Processing facility” means any facility or location, whether permanent, temporary, or mobile, that produces, prepares, propagates, processes, or compounds marijuana or products made from marijuana, directly or indirectly, by any method, for delivery, for compensation or otherwise. Processing facility does not mean any facility or location manufacturing “industrial hemp” as defined by California Food and Agricultural Code Section 81000 , as may be amended, or California Health and Safety Code Section 11018.5 , as may be amended.

“Qualified patient” shall have the same definition as in California Health and Safety Code Section 11362.7 et seq., as may be amended.

“Testing laboratory” means a facility, person, or location that offers or performs tests of marijuana or marijuana products.

(Ord. 5662 § 3, 2016; Ord. 5862 § 2, 2017)

It is unlawful and a misdemeanor for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises or location within any zoning district in the City of Roseville, the operation of a marijuana dispensary, and/or processing facility, and/or testing laboratory. Nothing in this chapter shall prohibit those activities expressly authorized under California Health and Safety Code Section 11362.1 .

The prohibitions stated in this article shall not apply to a laboratory that is ISO 17025 accredited in chemical and forensic testing by A2LA or a comparable accrediting body, and that conducts marijuana testing for medical, health and safety, or forensic purposes, with a scope of testing that includes residual solvents, foreign materials, microbiological impurities, volatile organic compounds, mycotoxins, heavy metals, terpenes, and volatile and non-volatile pesticides. Such laboratories shall not be state-licensed to facilitate the distribution, testing or dispensing of marijuana for adult use or medicinal use, and shall not cultivate marijuana nor store more than three pounds of processed marijuana at any one time.

(Ord. 5662 § 3, 2016; Ord. 5862 § 3, 2017; Ord. 6198 § 1, 2020)

Delivery of marijuana, products made from marijuana, or devices for the use of marijuana to or from any person, business, or location in the City of Roseville is prohibited. Notwithstanding the foregoing, a primary caregiver may personally deliver medical marijuana, products made from marijuana, or devices for the use of marijuana to a qualified patient or person with an identification card, for whom he or she is the primary caregiver. Nothing in this chapter shall prohibit those activities expressly authorized under California Health and Safety Code Section 11362.1 . (Ord. 5662 § 3, 2016; Ord. 5862 § 4, 2017)

• A. It is unlawful and a public nuisance to violate any of the provisions of this chapter and City shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in Chapter 2.52 of this code.

• B. Violation of this chapter may be charged as either an infraction or a misdemeanor in the discretion of the City Attorney.

• C. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.

• D. In addition to the civil remedies and criminal penalties set forth herein, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth by City ordinance.

• E. Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under State law or other City ordinances.

• (Ord. 5662 § 3, 2016)

The provisions of this chapter are hereby declared to be severable. If any section, sentence, clause, phrase, word, portion or provision of the ordinance codified in this chapter is held invalid, or unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of said ordinance which can be given effect without the invalid portion. In adopting said ordinance, the City Council affirmatively declares that it would have approved and adopted said ordinance even without any portion which may be held invalid or unenforceable. (Ord. 5662 § 3, 2016)