Chapter 15 — COMMERCIAL CANNABIS ACTIVITIES PROHIBITED

Sec. 10-15.010 - Purpose.

The purpose of this Chapter is to prohibit, to the greatest extent that is compatible and consistent with state law, Commercial Cannabis Activity within the unincorporated County and to preclude businesses engaging in such activities from procuring a business license or a land use entitlement from the County. This Chapter recognizes the unique federal and State legal constraints on cannabis activity, and the potential environmental and social impacts associated with cannabis activity. This Chapter seeks to protect the public health, safety, and welfare, in compliance with State law and federal law, and to protect neighborhood character, and to minimize the potential for negative impacts on people, communities, and the environment in the unincorporated areas of Siskiyou County.

(Ord. No. 19-07, § 1, 6-18-2019)

Sec. 10-15.020. - Commercial cannabis activities prohibited.

Commercial Cannabis Activity, whether or not for profit, is expressly prohibited in all zones in the unincorporated area of Siskiyou County. This prohibition shall apply to all activities for which a State license is required pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

No person shall establish, operate, maintain, or allow Commercial Cannabis Activity in the unincorporated area of the County.

(Ord. No. 19-07, § 1, 6-18-2019)

Sec. 10-15.030. - No application for commercial cannabis permits or entitlements shall be approved.

No application for a permit or entitlement that authorizes the establishment, operation, maintenance, development or construction of any use that allows Commercial Cannabis Activity in the unincorporated area of the County shall be approved.

(Ord. No. 19-07, § 1, 6-18-2019)

This Chapter does not prohibit the transportation of cannabis or cannabis products on public roads by a state licensee transporting cannabis or cannabis products through the jurisdictional limits of the unincorporated area of the County in compliance with state law. Nor does this Chapter prohibit Commercial Cannabis Activity for which the County is expressly preempted by federal or state law from enacting a prohibition. This Chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by state law to the extent that application of this Chapter would conflict with such law.

(Ord. No. 19-07, § 1, 6-18-2019)

A violation of this chapter shall be subject to any enforcement remedies available to the County under the law and the Siskiyou County Code. In addition, the County may enforce a violation of this Chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by law. Notwithstanding any other provision of this Code, no conduct which is protected from criminal liability pursuant to the Compassionate Use Act (Health and Safety Code Section 11362.5), the Medical Marijuana Program Act (Health and Safety Code Sections 11362.7—11362.83), or the Medicinal and Adult-Use Cannabis Regulation and Safety Act shall be made criminal by this Chapter.

(Ord. No. 19-07, § 1, 6-18-2019)