San Ramon Municipal Code Ch. I Definitions

For purposes of this division, the following definitions shall apply: Accessory structure shall mean a fully enclosed and secure structure located on the same parcel of land as a private residence. Commercial medical marijuana activity shall mean any activity licensed pursuant to California Business and Professions Code Section 19300 et seq., as amended, including but not limited to medical marijuana cultivation, processing, storing, testing, manufacturing, labeling, transporting, distribution and sale. Commercial nonmedical marijuana activity shall mean any activity licensed pursuant to Business and Professions Code Section 26000 et seq., as amended, including but not limited to nonmedical marijuana cultivation, processing, storing, testing, manufacturing, labeling, transporting, distribution, sale, retailing, and operation of a microbusiness. Fully enclosed and secure structure means a space within a building that complies with the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with nontransparent material. Indoor shall mean inside of an accessory structure or inside a private residence. Marijuana shall have the same meaning as set forth in California Health and Safety Code Section 11018, as amended. Marijuana, as used in this division, shall mean to include "cannabis", as defined in California Business and Professions Code Section 19300.5(f), as amended. Marijuana accessories shall have the same meaning as set forth in California Health and Safety Code Section 11018.2, as amended. Marijuana cultivation shall mean any activity, whether indoor or outdoor, involving the planting, growing, harvesting, drying, curing, grading, trimming or processing of marijuana plants or any part thereof, cannabis or any part thereof, and any and all associated business and/or operational activities. Marijuana delivery means the commercial delivery, transfer or transport; or arranging for the delivery, transfer or transport; or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana, any marijuana products or marijuana accessories to or from any location within the jurisdictional limits of the City of San Ramon, and any and all associated business or operational activities. Marijuana products shall have the same meaning as set forth in California Health and Safety Code Section 11018.1, as amended. City of San Ramon, CA | Municipal Code 336

Medical marijuana shall mean marijuana in compliance with California Health and Safety Code Section 11362.5 et seq., as well as marijuana products, as defined in this division; and medical cannabis, medical cannabis products, cannabis products, cannabis and cannabis concentrate as defined by California Business and Professions Code Section 19300.5, as amended. Medical marijuana dispensary means and includes:

1. Any facility, building, structure or location, whether fixed or mobile, where medical marijuana, medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, provided, made available, sold, transmitted, delivered, given or otherwise distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver in strict accordance with California Health and Safety Code Sections 11362.5 et seq.;
2. Any facility, building, structure or location, whether fixed or mobile, where qualified patients or persons with identification cards, or primary caregivers meet or congregate to distribute marijuana, cannabis or cannabis products for medical purposes; or
3. Any not-for-profit site, facility, building, structure or location, whether fixed or mobile, where two or more qualified patients and/or persons with an identification card associate meet or congregate in order collectively or cooperatively, to distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana, cannabis or cannabis products for medicinal purposes pursuant to California Health and Safety Code Sections 11362.5 et seq.
4. A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, California Health and Safety Code Sections 11362.5 et seq., as amended, and any other applicable laws: a. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code, as amended; b. A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code, as amended; c. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code, as amended; d. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code, as amended; e. A residential hospice, or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code, as amended.

Nonmedical marijuana means marijuana, as defined in this division, which is intended to be used for nonmedical purposes pursuant to California Health and Safety Code Section 11362.1 et seq., as amended. Outdoor shall mean any location within the city that is not inside a private residence or inside an accessory structure. Person means any individual, partnership, co-partnership, firm, association, joint venture, joint stock company, corporation, limited liability corporation, estate, trust, business trust, receiver, syndicate, collective, cooperative, or any other group or combination thereof in whatever form or character. Person with an identification card shall have the meaning given that term by California Health and Safety Code Section 11362.7(c), as amended. Primary caregiver shall have the meaning given that term by California Health and Safety Code Section 11362.7(d), as amended.

City of San Ramon, CA | Municipal Code 337

Private residence shall have the same meaning as set forth in California Health and Safety Code Section 11362.2(b)(5), as amended. Qualified patient shall have the meaning given that term by California Health and Safety Code Section 11362.7(f), as amended. Structure means anything constructed or erected which is supported directly or indirectly on the earth but not including any vehicle. Vehicle means a device by which any person or property may be propelled, moved, or drawn upon a street, sidewalk, or waterway, including but not limited to a device moved exclusively by human power. (Ord. No. 471, § 1, 4-25-2017)