San Bruno Municipal Code Ch. 6.59 Commercial Cannabis Activities

"Cannabis" (also referred to as "marijuana")

means 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. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Commercial cannabis activity"

includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.

"Indoor cultivation"

means cultivation inside a fully enclosed private residence as defined in Health and Safety Code Section 11362.2(b)(2).

"Outdoor cultivation"

means any cultivation that is not defined as indoor cultivation as defined in Health and Safety Code Section 11362.2(b)(2).

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021; Ord. 1931 § 3, 2022)

Any commercial or industrial use involving, the manufacture, processing, laboratory testing, and wholesale sale of cannabis, is prohibited in every zoning district in the city. However, commercial cannabis uses involving retail (storefront sales) and distribution are allowed pursuant to the permitting provisions outlined in municipal code Chapters 4.70 and 12.300. It is unlawful for any person or entity to own, manage, conduct or operate any use involving commercial cannabis activity except as expressly allowed in this section or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any such prohibited activity in the city.

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021; Ord. 1931 § 4, 2022)

Outdoor cultivation of cannabis is prohibited in every zoning district in the city. Indoor cultivation of cannabis is limited to residential districts, is limited to six plants per residence, and must be entirely for the personal use of a resident of the residence who is twenty-one years of age or older.

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021)

Nothing contained in this chapter shall be deemed to allow or authorize any use or activity that is otherwise prohibited by any state or federal law.

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021)

A. Any person found to be in violation of any provision of this chapter shall be subject to the enforcement remedies set forth in Title 1, at the discretion of the city, including, but not limited to, prosecution as a misdemeanor violation punishable as set forth in Chapter 1.12.

B. Each violation of this chapter and each day of violation of this chapter shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in subsection A of this section for each and every separate violation and each and every day of violation.

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021)

The establishment, maintenance, or operation of any activities or facilities prohibited by this chapter within the corporate limits of the city of San Bruno is declared to be a public nuisance and may be abated as such by the city or be the subject of any available legal remedies, including, but not limited to, civil injunction. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in Chapter 5.08.

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021)

If any section, subsection, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(Ord. 1864 § 2, 2018; Ord. 1897 § 3, 2021)