Chapter 17.43 — CANNABIS USES AND CULTIVATION

Sections: 17.43.010 Definitions. 17.43.020 Prohibited uses. 17.43.030 Indoor cannabis cultivation. 17.43.040 Exemptions. 17.43.050 Violation – Penalty.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, 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. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” includes cannabis that is used for medical, adult use, or other purposes. “Cannabis” does not include 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. “Cannabis” also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.

“Cannabis product” means cannabis 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 cannabis or concentrated cannabis and other ingredients.

“Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult use, or any other purpose and includes the activities of any business licensed by the state under California Business and Professions Code Division 10, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

Page 173 of 295

Title 17 Zoning | Wasco Municipal Code

“Commercial cannabis use” means the use of any property for commercial cannabis activity.

“Compassionate Use Act” means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.

“Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.

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

“Delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.

“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under California Business and Professions Code Division 10, as the same may be amended from time to time.

“Fully enclosed and secure structure” means a space that satisfies all of the following criteria: (1) it is located within a private residence, or an accessory structure (e.g., greenhouse) located upon the grounds of a private residence; (2) it has a complete roof enclosure supported by connecting walls extending from the ground to the roof; (3) it is secure against unauthorized entry; (4) it provides complete visual screening; (5) it is accessible only through one or more lockable doors; (6) it is inaccessible to minors; and (7) it meets all applicable building and zoning code regulations.

“Indoors” means within a fully enclosed and secure structure.

“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

“MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Business and Professions Code Division 10, as the same may be amended from time to time.

“Outdoors” means any location that is not within a fully enclosed and secure structure.

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

“Primary caregiver” shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.

“Private residence” means a house, an apartment unit, mobile home, or other similar dwelling that is lawfully used as a residence.

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

Page 174 of 295

Title 17 Zoning | Wasco Municipal Code

“Qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time, but who does not have an identification card. (Ord. 706 § 3 (Exh. A), 2019).

A. Commercial cannabis uses are expressly prohibited in the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.

B. Subsection (A) of this section shall prohibit all uses for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time.

C. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.

D. No person, including a qualified patient or primary caregiver, may cultivate cannabis indoors unless such cultivation is conducted in strict compliance with Section 17.43.030. (Ord. 706 § 3 (Exh. A), 2019).

A. A maximum of six cannabis plants may be cultivated in a private residence, or inside an accessory structure located upon the grounds of a private residence.

B. Only persons twenty-one years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code Sections 11362.1 and 11362.2.

C. Cannabis cultivation is permitted only within fully enclosed and secure structures. (Ord. 706 § 3 (Exh. A), 2019).

This chapter does not apply to any of the following:

A. Any commercial cannabis activity the city is required by state law to permit within its jurisdiction pursuant to California Health and Safety Code Section 11362.1, California Business and Professions Code Section 26054(c) and (d), or any other preemptive statute.

B. Transportation of cannabis and cannabis products through the city’s territory on public roads in compliance with the MAUCRSA by persons holding a state license for such activity. (Ord. 706 § 3 (Exh. A), 2019).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

Page 175 of 295

Title 17 Zoning | Wasco Municipal Code

A. No provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by California Health and Safety Code Section 11362.71, et seq. or 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 Section 1.08.010 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

B. A court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party in any nuisance abatement action brought to enforce this chapter if, at the initiation of the proceeding, the city elects to seek recovery of its own attorneys’ fees. (Ord. 706 § 3 (Exh. A), 2019).