Sec. 26-113. - Cannabis.

Commercial cannabis uses and activities are prohibited in the City of West Covina, and no commercial cannabis uses shall operate, locate, or otherwise be permitted or established within the City, even if located within or associated with an otherwise permitted use, and neither the City Council nor City staff shall approve any use, interpretation, permit, license certificate of occupancy, zoning code or General Plan amendment allowing the operation and/or establishment of commercial cannabis uses.

(a)

No person shall own, operate, engage with or manage a commercial cannabis activity in the City of West Covina. No person shall lease or offer to lease any facility or any location for a commercial cannabis use in the City of West Covina. No person shall employ any person or be employed at a commercial cannabis business in the City of West Covina, whether or not such employment is on a paid or volunteer basis.

(b)

Personal cultivation. Cultivation of cannabis indoors for personal consumption shall be permitted within a fully enclosed and secure structure by persons twenty-one (21) years of age or older, which shall conform to state law and the following minimum standards.

(1)

The cultivation of cannabis by any person, including primary caregivers and qualified patients, collective, cooperatives or dispensaries, for commercial cannabis activity, as defined in article I division 4 definitions.

(2)

Cannabis plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity.

(3)

Outdoor cannabis cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of West Covina.

(4)

No person shall cultivate more cannabis plants indoors than is expressly authorized by state law.

(c)

Public nuisance. Any violation of this division shall constitute a public nuisance and may be abated in accordance with applicable laws, including, but not limited to, chapter 15, article IX of this Code, or remediated by way of a criminal proceeding, civil action, or abatement. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(d)

Violation. Any person who violates this division shall be guilty of a misdemeanor and be punished in accordance with applicable laws, including, but not limited to, section 1-37 of this Code.

(e)

This article is not the exclusive means for the abatement of cannabis cultivation within the City of West Covina. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the zoning code, including, but not limited to, any action at law or equity.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)