Article 6-30

MARIJUANA*

Sections:

This Article is intended to prohibit the establishment of commercial marijuana businesses and all outdoor cultivation of marijuana within the City, and to further regulate the personal indoor cultivation of marijuana authorized by state law, in order to protect the health and safety of the City's residents. This Article is intended to conform to state law, including the Compassionate Use Act, the Medical Marijuana Program Act, the Control, Regulate and Tax Adult Use of Marijuana Act, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Consequently, this ordinance shall be interpreted to conform to such laws to the maximum extent feasible. In interpreting the terms of this ordinance, it is appropriate to look to the use and interpretation of those terms in applicable state law for guidance. Without limiting the generality of the foregoing, this ordinance shall not be interpreted as prohibiting patients within the city or their caregivers from purchasing by delivery sufficient medicinal marijuana to meet their demands in a timely and readily accessible manner.

(Ord. No. 349, § 1(Att. A), 6-7-2017; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 403, § 1(Exh. A, § 8), 7-3-2024)

6-30.020 Definitions. The following definitions apply throughout this Article:

(a) Commercial marijuana activity means the sale or exchange for valuable consideration of marijuana and marijuana products, or the provision of marijuana or marijuana products by a nonprofit, and the cultiva-

*Editor’s note— Art. 6-30 as enacted by Ord. No. 349 included §§ 6-30.010—6-30.060, with no provision for a § 6-30.040; in order to maintain sequential numbering, at the editor's discretion, former §§ 6-30.050 and 6-30.060 were redesignated §§ 6-30.040 and 6-30.050.

tion, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, and labeling of marijuana and marijuana products intended for sale or exchange for valuable consideration or provision by a nonprofit. Commercial marijuana activity shall not include delivery of cannabis and cannabis products as "delivery" is defined in State law.

(b) Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

(c) Fully enclosed and secure structure shall mean a fully-enclosed space within a building that complies with Chapter 16 of the this Code, or if not subject to that Chapter, that has a complete roof and a foundation, slab or equivalent base to which the floor is secured and that is secure against unauthorized entry and accessible only through one or more lockable doors. Walls, doors, windows, and roofs must be constructed of solid and firm material such as wood, metal, or, in the case of windows, glass. Plastic sheeting or similar products do not satisfy this requirement.

has a complete roof and a foundation, slab or equivalent base to which the floor is secured and that is secure against unauthorized entry and accessible only through one or more lockable doors. Walls, doors, windows, and roofs must be constructed of solid and firm material such as wood, metal, or, in the case of windows, glass. Plastic sheeting or similar products do not satisfy this requirement.

(d) Marijuana means all parts of the plant Cannabis sativa Lannaeus, 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. It does not include (i) industrial hemp or (ii) 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. As defined, marijuana includes cannabis and both medical/medicinal and nonmedical/adult-use marijuana/cannabis.

(e) Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.

(f) Outdoor shall mean any location within the City of Saratoga that is not within a fully enclosed and secure structure.

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(Saratoga Supp. No. 54, 7-24)

6-30.050

(g) Private residence is defined as a house, an apartment unit, a mobile home, or other similar dwelling.

(Ord. No. 349, § 1(Att. A), 6-7-2017; Ord. No. 354, § 1(Exh. A), 12-20-2017; Ord. No. 403, § 1(Exh. A, § 8), 7-3-2024)

The establishment or operation of any commercial marijuana activity in the City of Saratoga is prohibited. (Ord. No. 349, § 1(Att. A), 6-7-2017)

(a) Outdoor cultivation. The outdoor cultivation of marijuana is prohibited regardless of whether such cultivation is for personal use or commercial purposes.

(b) Indoor cultivation. The indoor cultivation of marijuana is prohibited except to the extent that state law permits the indoor cultivation of up to six marijuana plants for personal use. No more than six living marijuana plants may be planted, cultivated, harvested, dried, or processed within a single private residence at any one time (including within an accessory structure to a private residence that is fully enclosed and secure). Persons engaging in indoor cultivation must comply with all state and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation and personal use of marijuana including but not limited to Article 16-15 (Building Code), Article 16-18 (Residential Building Code), Article 16-20 (Fire Code), Article 16-25 (Plumbing Code), Article 16-35 (Electrical Code), Article 16-40 (Housing Code), Article 16-45 (Abatement of Dangerous Buildings Code), Article 16-51 (Energy Code), and Article 16-60 (Early Warning Fire Alarm System) of this Code and restrictions imposed by the laws referenced in Section 6-30.010.

(b) In addition to other remedies provided by this Code or by other law, any violation of this Article may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, unfair business practice proceedings under Business and Professions Code section 17200 et seq., and suits for injunctive relief. The remedies provided by this Section are cumulative and in addition to any other remedies available at law or in equity.

(c) Notwithstanding any other provision of this Code, including Article 3-05 (Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors and infractions), a qualified patient, person with a valid identification card, or primary caregiver, as those terms are defined in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal liability under California Health and Safety Code section 11570 or any criminal abatement actions or complaints for activities decriminalized pursuant to the Compassionate Use Act and the Medical Marijuana Program Act. Any qualified patient, person with a valid identification card, or primary caregiver engaged in commercial marijuana activities or marijuana cultivation in violation of this Section shall be subject to all other compliance actions set forth in this Section, code enforcement actions set forth in Chapter 3 of this Code, and legal proceedings authorized in Section 15-95.020 of the this Code. Nothing in this Section shall prevent the criminal enforcement of other violations of this Code or state law.

(Ord. No. 349, § 1(Att. A), 6-7-2017; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(Ord. No. 349, § 1(Att. A), 6-7-2017; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(a) Violations of this Article are hereby declared to be public nuisances and determined to be an immediate hazard to the public health, safety or welfare for purposes of Article 3-20 (Emergency Nuisance Abatement Procedure) of this Code.

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(Saratoga Supp. No. 54, 7-24)

Article 6-35

FIREARMS

Sections:

Except when carried on his or her person, or in his or her immediate control and possession, no person shall keep a firearm (as defined in California Penal Code 16520 or as amended) in any residence in Saratoga owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code 16850 or as amended) or the firearm is disabled with a safety device that is listed on the California Department of Justice's roster of approved firearm safety devices.

(Ord. No. 358, § 1(Att. A), 11-21-2018)

The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute an infraction, subject to the penalties as prescribed in Chapter 3 of this Code. In order to encourage reports to law enforcement agencies of lost or stolen firearms, a person who files a report with a law enforcement agency notifying the agency that a firearm has been lost or stolen shall not be subject to any code enforcement proceeding for any alleged violation of section 6-35.010 above.

(Ord. No. 358, § 1(Att. A), 11-21-2018)

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(Saratoga Supp. No. 54, 7-24)