Chapter 18.194 — MARIJUANA AND MEDICAL MARIJUANA

The purpose and intent of this chapter is to prohibit marijuana and medical marijuana dispensaries, cultivation of marijuana and medical marijuana, and the mobile delivery of same within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act and is classified as a "Schedule I Drug" which is defined as a drug or other substance that has a high potential for abuse. Furthermore, the Federal Controlled Substance Act makes it unlawful for any person to cultivate, or dispense marijuana. The Controlled Substance Act contains no statutory exemption for the possession of marijuana for medical purposes.

In addition the prohibition of marijuana and medical marijuana dispensaries, cultivation of marijuana and medical marijuana and the mobile delivery of same within the city limits will help protect the public health, safety and general welfare of the city and its residents. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana and medical marijuana dispensaries, cultivation of marijuana and medical marijuana and the mobile delivery of same which is contrary to policies that are intended to promote and maintain the public's health, safety and welfare. This chapter will help preserve the city's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the city's law enforcement resources.

(Ord. 1167 § 1, 2007; Ord. 1239 § 1, 2016; Ord. 1249 § 2, 2016)

As used in this chapter:

"Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It 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 resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant incapable of germination.

"Marijuana and/or medical marijuana cultivation" means the planting, growing, harvesting, drying and/or processing of marijuana plants or any part thereof.

"Marijuana and/or medical marijuana dispensary" means any facility, location, association, cooperative, club, co-op, delivery service, collective, or entity of any nature that sells, grows, transmits, gives or otherwise distributes marijuana and/or medical marijuana.

"Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5 .

"Mobile marijuana and/or medical marijuana dispensary" means any facility, location, association, cooperative, club, co-op, collective, or entity of any nature that transports or delivers, or arranges the transportation or delivery of marijuana and/or medical marijuana for any purpose.

"Operation" means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of a mobile marijuana dispensary.

"Person" means any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson. (Ord. 1167 § 1, 2007; Ord. 1239 § 1, 2016; Ord. 1249 § 2, 2016)

• A. The establishment or operation of a marijuana and/or medical marijuana dispensary as defined in this chapter shall be prohibited within the city limits. The delivery of marijuana or medical marijuana within city limits by any means is prohibited.

• B. The outdoor cultivation, planting, harvesting, drying or processing of marijuana and/or medical marijuana by any person, including primary caregivers and qualified patients, collectives, cooperatives and/or dispensaries are prohibited within the city limits.

• C. The establishment or operation of a mobile marijuana and/or medical marijuana dispensary as defined in this chapter shall be prohibited within the city limits. No person shall locate, operate, own, suffer, allow to be operated or aid, abet, or assist in the operation of any mobile marijuana and/or medical marijuana dispensary within the city.

  1. No person shall deliver and/or dispense marijuana and/or medical marijuana to any location within the city from a mobile marijuana dispensary or any other vehicle or method, regardless of where the mobile marijuana dispensary or vehicle is located or based, or engage in any operation for this purpose.

  2. No person shall deliver and/or dispense any marijuana-infused product such as tinctures, baked goods or other consumable products, to any location within the city from a mobile marijuana dispensary or any other vehicle or method, regardless of where the mobile marijuana dispensary or vehicle is located or based or engage in any operation for this purpose.

• D. The indoor cultivation of marijuana and/or medical marijuana by any person is prohibited except the indoor cultivation of marijuana and/or medical marijuana of up to six living marijuana plants for personal use shall be permitted in residential zones within the city subject to compliance with the following standards:

  1. All persons cultivating marijuana and/or medical marijuana shall register on forms available in the planning department, shall acknowledge their acceptance of standards set forth herein, and shall allow with reasonable notice access to public officials to confirm compliance with said standards.

  2. The maximum number of marijuana plants shall not exceed six per residence.

  3. Cultivation lighting shall not exceed one thousand two hundred watts. The cultivation shall not draw more power that the structure and electrical service is designed to handle and shall not constitute a fire hazard.

  4. The use of gas products, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited.

  5. The residence shall remain at all times a residence with a legal and functioning kitchen, bathrooms and bedrooms for their intended use and such cultivation shall not prevent their primary use. If cultivation occurs in a garage, it shall be conducted in a manner that does not reduce required off street parking.

6. The cultivation area shall include an adequate ventilation and filtration system to ensure that odors from cultivation are not detectable beyond the subject structure and shall be designed to prevent mold and moisture in order to otherwise protect the health and safety of persons inhabiting the residence.

   7. Any chemicals used for cultivation shall be properly and safely stored outside the habitable area of the residence.

   8. The cultivation shall not use more water than is reasonably required to cultivate the maximum number of permitted marijuana plants.

   9. The cultivation area shall comply with all applicable provisions of the Building and Fire Codes.

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

• (Ord. 1167 § 1, 2007; Ord. 1239 § 1, 2016; Ord. 1249 § 2, 2016)

The smoking, consumption and use of marijuana and medical marijuana in any and all forms shall be prohibited in all public places. Public places is defined herein to include all public parks, buildings and other facilities owned, leased or operated by or on behalf of the city of San Dimas. Public places shall include all municipal parking lots, public sidewalks, trails, and streets and roadways. (Ord. 1249 § 2, 2016)