Chapter 11.4.90 — HISTORIC PRESERVATION (RESERVED)

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City of Seal Beach, CA

CHAPTER 11.4.100 MARIJUANA USES

Note: Prior ordinance history: Ords. 1650 and 1651.

For purposes of this section, the following words and phrases shall mean:

"AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.

"Commercial marijuana activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and/ or marijuana products whether or not for profit. "Commercial marijuana activity" also includes the activities of any business or other activity licensed by the State or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.

"Commercial marijuana uses" means any business, use or person engaged in commercial marijuana activity.

"Compassionate Use Act" or "CUA" means the Compassionate Use Act of 1996, or Proposition 215, approved by the voters on November 5, 1996, and codified in Health and Safety Code Section 11362.5, as the same may be amended from time to time.

"Concentrated cannabis" shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code Section 19300.5, as the same may be amended from time to time.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. "Cultivation" includes, but is not limited to, "cultivation" as defined in California Business and Professions Code Section 19300.5(l), as the same may be amended from time to time.

"Identification card" means a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

"Marijuana" means all parts of the plant Cannabis sativa L., 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. "Marijuana" does not include:

1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or

2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

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City of Seal Beach, CA

SEAL BEACH CODE

11.4.100.005

11.4.100.010

"Marijuana" also includes "cannabis" as defined in Business and Professions Code Section 19300.5(f), as the same may be amended from time to time. "Marijuana" also includes "medical marijuana" as defined in subsection K of this section.

"Marijuana accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

"Marijuana product" 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 cannabis and other ingredients. "Marijuana product" includes both medical marijuana products and non-medical marijuana products.

"MCRSA" shall collectively mean the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.

"Medical marijuana" shall mean marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7, as such section may be amended from time to time, or as otherwise defined by state law.

"Medical marijuana product" shall have the same meaning as "cannabis product" or "medical cannabis product" as set forth in Business and Professions Code Section 19300.5(ag), as the same may be amended from time to time, and shall include marijuana, as well as concentrates and extractions, intended to be sold for use by medical marijuana patients pursuant to the Compassionate Use Act of 1996 (Proposition 215).

"Person" includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

"Primary caregiver" means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling lawfully used as a residence.

"Qualified patient" means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as such section may be amended from time to time, but who does not have an identification card issued by the State Department of Health Services. (Ord. 1664)

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City of Seal Beach, CA

ZONING

11.4.100.010

11.4.100.010

• A. Commercial marijuana uses are expressly prohibited in all zoning districts and specific plan areas in the city. No person shall establish, operate, maintain, conduct, allow or engage in commercial marijuana uses anywhere within the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other permit or entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial marijuana use.

• B. The outdoor cultivation of marijuana for any purpose is expressly prohibited in all zoning districts and all specific plan areas in the city. No person owning, renting, leasing, occupying or having charge or possession of any building, structure, lot, or parcel shall cause or allow such building, structure, lot or parcel to be used for outdoor cultivation of marijuana.

• C. Exceptions.

  1. Subsection A of this Section 11.4.100.010 shall not prohibit the indoor cultivation of 6 or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such indoor cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, and further to the extent the indoor cultivation complies with Chapter 5.70 of this code. As used herein, "fully enclosed and secured" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors, and further complies with all other requirements of Section 5.70.025 of this code.

  2. Subsection A of this Section 11.4.100.010 shall not prohibit a person 21 years of age or older from: (a) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to 8 grams in the form of concentrated cannabis; (b) smoking or ingesting marijuana or marijuana products; or (c) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code Section 11362.1 et seq.

  3. Subsection A of this Section 11.4.100.010 shall not prohibit the personal use or possession by a qualified patient or person with a duly issued identification card of medical marijuana or medical marijuana products in compliance with Health and Safety Code Section 11625.5 and Health and Safety Code Section 11362.7(h), as such sections may be amended from time to time, or as otherwise defined by state law.

n A of this Section 11.4.100.010 shall not prohibit the personal use or possession by a qualified patient or person with a duly issued identification card of medical marijuana or medical marijuana products in compliance with Health and Safety Code Section 11625.5 and Health and Safety Code Section 11362.7(h), as such sections may be amended from time to time, or as otherwise defined by state law.

4. Subsection A of this Section 11.4.100.010 shall not prohibit any primary caregiver from delivering, administering or transporting medical marijuana to less than 3 qualified patients or holders of an identification card for a verified medical purpose as defined under subsection (h) of Health and Safety Code Section 11362.7, as such section may be amended from time to time or as otherwise allowed by state law.

• D. This section shall be read and interpreted in conjunction with Section 5.70.025 of Chapter 5.70 of Title 5 of this code. It is the intent of the city council to prohibit all marijuana uses

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City of Seal Beach, CA

SEAL BEACH CODE

11.4.100.010

11.4.100.020

in the city to the fullest extent permitted by law except as authorized by this section, and for the State of California not to issue any state licenses for such uses to operate in the city. (Ord. 1664)

Any violation of this chapter is hereby declared to be unlawful and a public nuisance and may be abated by the city.

(Ord. 1664)

In addition to any other enforcement permitted by Chapter 1.15, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. No provision of Chapter 1.15 shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Municipal Code Chapter 1.15 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. 1664)

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City of Seal Beach, CA