Wasco Municipal Code Ch. 9.36 Cannabis Prohibitions and Regulations

Sections: 9.36.010 Legislative findings and stated purpose. 9.36.020 Definitions. 9.36.030 Prohibited activities. 9.36.040 Exemptions. 9.36.050 Violation, penalty.

A. The city council finds that federal law prohibits the possession, manufacture, distribution, and dispensing of cannabis, and in order to serve the public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this chapter is to prohibit all commercial marijuana activity and uses, both medical and adult use, within the city, as provided in this chapter.

B. California Business and Professions Code Section 26055(d) provides that a state licensing authority shall not approve an application for a state license for a cannabis business if approval of the state license will violate the provisions of any local ordinance or regulation. California Business and Professions Code Section 26200 authorizes a city to adopt and enforce local ordinances that completely prohibit the establishment or operation of one or more cannabis businesses licensed under the state, within that city.

C. The city council finds that a prohibition on all commercial marijuana activity, for medical, adult use, or any other purpose, is necessary for the preservation and protection of the public health, safety, and welfare. The city council’s prohibition of such activity is within the authority conferred upon the city council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare of the city and its community. (Ord. 691 §2, 2017; Ord. 662 §2, 2016).

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.

"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.

"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.

"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 California Business and Professions Code Division 10, as the same may be amended from time to time.

"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.

"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. (Ord. 691 §2, 2017; Ord. 662 §2, 2016).

Subject to the exemptions set forth in Section 9.36.040, the following activities are prohibited in the city:

A. Commercial cannabis activity, whether or not for profit, is prohibited in the city. This prohibition shall apply to all activities for which a state license is required pursuant to the MAUCRSA. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the city.

B. A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the city.

C. Subject to the exemptions set forth in Section 9.36.040, and to the extent not already prohibited by subsection A of this section, all deliveries of cannabis or cannabis products, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. (Ord. 691 §2, 2017; Ord. 662 §2, 2016).

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 Sections 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. 691 §2, 2017; Ord. 662 §2, 2016).

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. 691 §2, 2017; Ord. 662 §2, 2016).