Visalia Municipal Code Ch. 8.64 Public Use/Consumption of Medical Marijuana

A. It is the purpose of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents within the city by restricting the public use and consumption of marijuana; prohibiting, to the maximum extent permitted under the state law, the commercial cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana within the City of Visalia; and by regulating the individual cultivation of marijuana. This chapter is intended to prohibit these activities to the maximum extent possible by a local agency as authorized under the state law, specifically the Compassionate Use Act, Proposition 215, passed in 1996, the Adult Use of Marijuana Act, Proposition 64, passed in 2016, and the Medicinal Cannabis Patients' Right of Access Act, Senate Bill 1186, passed in 2022.

B. The City Council finds that the regulation established by this Chapter 8.64 is necessary in order to avoid adverse effects that would occur in the absence of any local regulations due to the uncertainty caused by the fact that state law expressly permits activity that is prohibited under federal law. However, in enacting this ordinance, the City Council does not intend to create new or separate permissive authority for the use, cultivation or consumption of any substance that is prohibited by federal law. Accordingly, in the event state law defining medical marijuana and making its possession, cultivation and use permitted under state criminal laws is repealed, or in the event federal law is determined to preempt state law on this issue, the City Council intends Chapter 8.64 to also be repealed to correspond to state law, or to be preempted by action of federal law, as the case may be. (Ord. 2023-13 § 3 (part), 2023: Ord. 2017-11 § 2 (part), 2017: Ord. 2011-10 § 4, 2011; Ord. 2005-19 § 2 (part), 2005)

All definitions set forth in Health and Safety Code Sections 11362.5 and 11362.7 et seq. and Business and Professions Code Section 26001, as may be amended, including but not limited to the terms “person with an identification card”, “primary caregiver”, “qualified patient”, “customer,” “delivery,” “license,” “manufacture,” and “identification card” shall apply under this chapter in addition to the definitions set forth as follows:

“Commercial marijuana activity” shall mean the same as “commercial cannabis activity” under Business and Professions Code Section 26001(l), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products as provided in Business and Professions Code Division 10, regulating the cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana and marijuana products for medical or non-medical purposes, but shall not refer specifically to "delivery only medical marijuana retail" as defined separately below or the deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

“Cultivation of medical marijuana” means the cultivation of marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

“Delivery” means the commercial transfer of marijuana or marijuana products to a customer and includes the use of a retailer of any technology platform owned and controlled by the retailer.

“Delivery only medical marijuana retail” shall refer to a facility or location operated by a state licensed non-storefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.

“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. It does not include industrial hemp as that term is defined in Health and Safety Code Section 11018.5 or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

“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 cannabis and other ingredients.

“Medical Marijuana” means the use of marijuana for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, which was adopted by California voters as Proposition 215 in 1996, found in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.

“Private residence” means a house, an apartment unit, a mobile home, or similar dwelling.

“Sell,” “sale,” and “to sell” includes any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.

(Ord. 2023-13 § 3 (part), 2023: Ord. 2017-11 § 2 (part), 2017: Ord. 2005-19 § 2 (part), 2005)

A. Public consumption of marijuana is prohibited within the City of Visalia. No person shall smoke, ingest, or otherwise consume marijuana or marijuana products in the city unless each of the following conditions is met:

1. Such smoking, ingesting or consumption occurs entirely within a private residence, and

2. No smoke or odor resulting from such smoking, ingesting or consumption may be detected from any neighboring property or residence.

B. In addition, the following prohibitions apply to the smoking, ingesting, or otherwise consuming marijuana or marijuana products within the City of Visalia:

1. No person shall smoke marijuana or marijuana products in a location where smoking tobacco is prohibited.

2. No person may possess an open container or open package of marijuana or marijuana products while driving, operating, or riding in the passenger seat or compartment of a motor vehicle.

3. No person may smoke or ingest marijuana or marijuana products while riding in the passenger seat of a motor vehicle.

(Ord. 2017-11 § 2 (part), 2017: Ord. 2011-10 § 5, 2011; Ord. 2005-19 § 2 (part), 2005)

A. No person shall possess, plant, cultivate, harvest, dry, or process marijuana plants or possess marijuana products produced by the plants unless each of the following conditions are met:

1. Such cultivation occurs entirely within a single private residence of upon the grounds of that private residence at one time.

2. Such cultivation occurs within a fully enclosed and adequately secured building (as that term is defined in Title 17 of the Visalia Municipal Code) having at least four solid walls and roof of masonry, metal or wood, and standard locks, but not within any portion of a building or structure dedicated to living space.

3. The building within which such cultivation occurs, and any improvements within such building, meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves have been properly permitted and inspected.

4. Cultivation shall be limited to no more than six living plants per private residence, which includes the grounds and any accessory structures.

5. Cultivation does not constitute the establishment of a medical marijuana dispensary in violation of Section 8.64.050.

6. Any chemicals or other materials used in such cultivation are used in a manner that is consistent with any applicable rules and regulations pertaining to chemical or material handling and storage, and no hazardous materials are maintained or allowed to exist on the premises.

7. The living plants and any marijuana produced by the plants in excess of 28.5 grams, as permitted by Health and Safety Code Section 11362.1, or as that section may be amended, must be kept within the person’s private residence, or upon the grounds of that private residence, in a locked space and must not be visible by normal unaided vision from a public place.

(Ord. 2017-11 § 2 (part), 2017: Ord. 2012-15 § 2 (part), 2012: Ord. 2011-10 § 6, 2011; Ord. 2005-19 § 2 (part), 2005)

A. Commercial marijuana activities are prohibited within the City of Visalia with the exception of:

1. Deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.

2. Delivery only medical marijuana retail establishments that meet reasonable zoning restrictions and development and operational standards as identified in Section 8.64.055, Chapter 5.66 and Section 17.32.167.

B. This subsection does not apply to delivery services that are using public roads to travel through the City of Visalia as permitted under state law, although such delivery services must comply with all other state laws and local ordinances as applicable. (Ord. 2023-13 § 3 (part), 2023: Ord. 2017-11 § 2 (part), 2017: Ord. 2011-10 § 7, 2011)

A. As authorized by the Medicinal Cannabis Patients' Right of Access Act, California Senate Bill 1186, passed in 2022, a delivery only medical marijuana retail dispensary as defined in subsection B., and developed and operated in accordance with the development and operational standards as defined in Chapter 5.66 and Section 17.32.167 may be established within the City of Visalia. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized or prohibited by the laws of the State of California as set forth in the Health and Safety Code, Penal Code, or other state law, or by any federal law, provided such possession, use or cultivation otherwise complies with any applicable provisions of the Visalia Municipal Code.

B. A delivery only medical marijuana retail dispensary is any facility or location operated by a state licensed non-storefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. (Ord. 2023-13 § 3 (part), 2023)

A. Any violation of Section 8.64.040 or Section 8.64.050, whether enforced through civil, criminal or administrative enforcement, shall be subject to a fine of one thousand dollars ($1,000) per day of violation. For purposes of administrative enforcement pursuant to Chapter 1.13 of the Municipal Code, the penalty provided by this section is hereby adopted as an alternative administrative penalty consistent with Section 1.13.050(D).

B. In addition to any other enforcement means provided by this Municipal Code or by state law, any violation of any provision of this chapter is hereby declared a public nuisance subject to abatement pursuant any applicable provision of this Municipal Code and pursuant to state law, and, among other enforcement means, shall be subject to an inspection and abatement warrant obtained pursuant to the provisions of California Code of Civil Procedure Section 1822.5.

(Ord. 2017-11 § 2 (part), 2017: Ord. 2012-15 § 2 (part), 2012)