Yorba Linda Municipal Code Ch. 9.32 Cannabis Deliveries Prohibited

Note: Editor's note—Ord. 2016-1019, § 3, adopted Jan. 19, 2016, amended former Ch. 9.32, §§ 9.32.010—9.32.106, in its entirety to read as herein set out. Former Ch. 9.32 pertained to mobile marijuana dispensaries and derived from Ord. 2013-982, § 4, adopted Nov. 19, 2013.

As used in this chapter:

"Cannabis"

shall 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 marijuana. "Cannabis" further includes any edible or consumable product infused with any part of the above-referenced Cannabis plants. "Cannabis" also means "marijuana" as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "Cannabis" shall also have the same meaning as set forth in Business and Professions Code § 19300.5(f), as may be amended from time to time. "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. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

"Commercial Cannabis Activity"

shall have the same meaning as set forth in Business and Professions Code § 19300.5(k), as may be amended from time to time.

"Cooperative"

shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available marijuana, with or without cultivation.

"Cultivation" or "Cultivate"

shall have the same meaning as set forth in Business and Professions Code § 19300.5(l), as may be amended from time to time.

"Delivery"

shall have the same meaning as set forth in Business and Professions Code § 19300.5(m), as may be amended from time to time.

"Dispensary"

shall have the same meaning set forth in Business and Professions Code § 19300.5(n), as may be amended from time to time. For purposes of this chapter, Dispensary shall also include a Cooperative. Dispensary shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

"Medical Cannabis"

shall have the same meaning as set forth in Business and Professions Code § 19300.5(ag), as may be amended from time to time.

"Medical Marijuana Regulation and Safety Act" or "MMRSA"

shall mean and refer to the following three bills signed into law on October 9, 2015 as the same may be amended from time to time: AB 243, AB 246, SB 643.

(Ord. 2016-1019, § 3, 1-19-2016)

Any Dispensary that is located, operated, owned, maintained, allowed to be owned or maintained, or aides, abets, or assists, in the operation in the City, of the Delivery of Cannabis or Medical Cannabis is expressly prohibited in the City, regardless of whether the Cannabis or Medical Cannabis is used for medicinal purposes or whether such uses qualify as Commercial Cannabis Activities under the MMRSA. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any Cannabis- or Medical Cannabis-related use or any other activity for which a State license is required under the MMRSA.

(Ord. 2016-1019, § 3, 1-19-2016)

All Deliveries of Cannabis and Medical Cannabis are expressly prohibited in the City, regardless of whether the Cannabis or Medical Cannabis is used for medicinal purposes or whether such uses qualify as Commercial Cannabis Activities under the MMRSA. No person shall conduct any Deliveries of Cannabis or Medical Cannabis that either originate or terminate at any location within the City. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any Cannabis- or Medical Cannabis-related use or any other activity for which a State license is required under the MMRSA.

(Ord. 2016-1019, § 3, 1-19-2016)

Any use or condition caused, or permitted to exist, in violation of any provision of this Chapter 9-32 shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to California Code of Civil Procedure Section 731 or any and all remedies available at law.

(Ord. 2016-1019, § 3, 1-19-2016)

In addition to any other enforcement permitted by Chapter 9-32 or any other provision of the Yorba Linda Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. 2016-1019, § 3, 1-19-2016)