Simi Valley Municipal Code Ch. 41 Nonmedicinal and Medicinal Cannabis Standards

Footnotes:

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Editor's note— Ord. No. 1280, § 5 (Exh. A), adopted November 13, 2017 effective December 14, 2017, amended Chapter 41 in its entirety to read as herein set out. Former Chapter 41, §§ 5-41.04—5-41.05, pertained to similar subject matter and derived from Ord. No. 1279, effective October 30, 2017 and Ord. No. 1106, effective January 18, 2007.

"Accessory structures" used for the cultivation of cannabis or medicinal cannabis must be a greenhouse, shed, workshop, guest house, accessory dwelling unit, or other similar building structure that are incidental to the private residence. They must be enclosed by walls on all sides, a roof, and one or more doors with locks. Any window on an accessory structure must be opaque, obscured, or positioned to preclude any visibility of the structure's interior marijuana cultivation area from any public place. Accessory structures must comply with any applicable requirements of the Simi Valley Municipal Code and California Building Code.

"Cannabis distribution or dispensary" means any facility or location, whether fixed or mobile, where any cannabis or cannabis product is made available to or distributed by or distributed for profit or not-for-profit to one or more adults twenty-one (21) years of age and over who do not possess any physician recommendation; and has the same meaning as the "distribution" definition in California Business and Professions Code Section 26001.

"Medicinal cannabis dispensary" means any facility or location, whether fixed or mobile, where any medicinal cannabis or medicinal cannabis product is made available to or distributed by or distributed for profit or not-for-profit to one or more of the following: A primary caregiver, a qualified patient, or a patient with an identification card; and has the same meaning as the "distribution" definition in California Business and Profession Code Section 26001. All three (3) of these terms, primary caregiver, qualified patient, or patient with an identification card, are identified in strict accordance with California Health and Safety Code Section 11362.5 et seq. A medicinal cannabis dispensary shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law: A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law, including, but not limited to, Health and Safety Code Section 11362.5 et seq.

"Residence" means a house, an apartment unit, a mobile home, or other similar private dwelling. To the extent allowed by law, a private "residence" shall mean a fully enclosed and secured house, apartment unit, mobile home, or other similar dwelling. To the extent allowed by law, a private residence must be currently, presently, and lawfully utilized as the primary dwelling of one or more persons.

"Public place" means any area to which the public is invited or in which the public is permitted, regardless of any fee or age requirement or whether publicly or privately owned, and includes any public place for which marijuana smoking or ingesting is prohibited by State law.

(§ 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)

A primary caregiver, qualified patient, or patient with an identification is permitted to cultivate medicinal cannabis plants inside or indoors at his or her secured residence or a secured accessory structure on the property of the residence in zoning districts, specific plan designations, or zoning overlay districts throughout the City in strict accordance with California Health and Safety Code Section 11362.5 et seq. No medicinal cannabis plants shall be visible from any public place or adjacent properties. All outdoor cultivation of medicinal cannabis plants is prohibited in the City.

(§ 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)

Adults twenty-one (21) years of age or older are permitted to cultivate a maximum of six (6) personal cannabis plants inside or indoors at their secured residence or a secured accessory structure on the property within the City in strict accordance with California Health and Safety Code Sections 11362.1 through 11362.3. No personal cannabis plants shall be visible from any public place or adjacent properties. All adult outdoor cultivation of personal cannabis plants is prohibited in the City.

(§ 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)

A cannabis distribution or dispensary or medicinal cannabis dispensary, as defined in Section 5-41.01 is prohibited in all zones throughout the City of Simi Valley.

(§ 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)

Smoking, vaporizing, or ingesting of any cannabis or medicinal cannabis or their products is prohibited as a use or activity in any public place. This section is declarative of State law and does not impose any additional restrictions or penalties beyond that in State law.

(§ 5 (Exh. A), Ord. No. 1280, eff. December 14, 2017)