§ 9.53

The purpose of this chapter is to prohibit all recreational and medical marijuana uses and activities in the Town to the extent allowable under State law, and to establish reasonable regulations for the indoor personal cultivation of no more than six (6) marijuana plants. (Ord. 268, 7-18-2017)

For purposes of this chapter, the following words and phrases shall have the following meanings: ACCESSORY STRUCTURE: Means a detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone on the same lot or parcel of land with the main building or use.

CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of one or more marijuana plants or any part thereof, whether for recreational, medical, or any other use.

DELIVERY: Means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed under this chapter that enables customers to arrange for or facilitate the commercial transfer by a dispensary of marijuana or marijuana products.

DIRECTOR: Means the Community Development Director of the Town of Yucca Valley, or his or her designee. DISPENSARY: Means a premises where marijuana, marijuana products, or devices for the use of marijuana or marijuana products are offered, either individually or in any combination, for retail sale, including an establishment that delivers marijuana or marijuana products, whether such marijuana is used for recreational, medical or any other purpose. "Dispensary" also includes any for profit or not-for-profit cooperative, collective, association or similar entity that distributes, dispenses, stores, exchanges, processes, delivers, transmits, gives away , or otherwise makes available marijuana in the Town for any purpose, whether for medical, recreational, commercial, or any other use. FIRE DEPARTMENT: Means the San Bernardino County Fire Department.

MARIJUANA: Has the same definition as provided for in Business and Professions Code section 19300.5(f) for the term "cannabis", and as may be amended, defined as: all parts of the plant Cannabis sativa Linnaeus, Cannabis indicia, 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' also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. '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 .

r 1407 of the Statutes of 1972. '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_ .

MARIJUANA CULTIVATION SITE: Means the private residence, or fully enclosed accessory structure to that residence, at which marijuana cultivation is occurring under the provisions of this chapter, or the property on which the private residence, or fully enclosed accessory structure to that residence, at which an applicant for a personal marijuana cultivation permit proposes to conduct marijuana cultivation.

MARIJUANA DISTRIBUTION: Means the procurement, sale, and transport of marijuana and marijuana products between entities licensed by the State of California, whether such marijuana or marijuana products are used for recreational, medical, or any other purposes.

MARIJUANA MANUFACTURING: Means any activity related to conducting the production, preparation, propagation, or compounding of marijuana or marijuana products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages marijuana or marijuana products or labels or re-labels its container. 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.

MARIJUANA TRANSPORTATION: Means the transfer of marijuana or marijuana products from the business location of one State licensee to the business location of another State licensee.

PERSON: Includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit. PRIMARY CAREGIVER: Has the same definition as provided for in Health and Safety Code section 11362.7(d), and as may be amended, defined in part as: the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.

PRIVATE RESIDENCE: Has the same definition as provided for in Health and Safety Code section 11362.2(b)(5), and as may be amended, defined as: a house, an apartment unit, a mobile home, or other similar dwelling. QUALIFIED PATIENT: Has the same definition as provided for in Health and Safety Code section 11362.7(f), and as may be amended, defined as: a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article. (Ord. 268, 7-18-2017; amd. Ord. 284, 5-21-2019)

A. Except as provided in paragraph C, marijuana dispensary is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance, or operation of a marijuana dispensary within the Town except as provided in paragraph C.

B. The prohibition in paragraph A explicitly prohibits, without limitation, any use or activity that may be authorized under a State license described in Business and Professions Code sections 26050(a)(18) and (20), as amended.

C. Medicinal marijuana dispensaries that operate under a M-Type 9 (non-storefront retailer) license from the Department of Cannabis Control, as such license type may be amended or renamed from time to time, are a permitted use by right for existing developments and Site Plan Review (SPR) for new developments in the I (Industrial) and OTI/C (Old Town Industrial/Commercial) zones. Adult-use marijuana dispensaries operating under an A-Type 9 or mixed A & M-Type 9 license are prohibited, as are all marijuana dispensaries operating under a Type 10 (storefront retailer) State license. A permitted non-storefront medicinal marijuana dispensary shall comply with the following requirements:

1. The use shall not be located within 600 feet of a day care center, a youth center, a preschool, or a public or private school. The distance specified herein shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point on the property line on which the cannabis business is or will be located, to the nearest property line of the parcel where such use is located.

2. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the marijuana dispensary that is distinctive to its operation is not detected outside the premises, anywhere on

adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the business. As such, a marijuana dispensary must install and maintain the following equipment or any other equipment which the Town determines has the same or better effectiveness:

a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or

b. An air system that creates negative air pressure between the businesses’ interior and exterior so that the odors generated inside the business are not detectable outside the business.

3. Marijuana, marijuana products, and marijuana paraphernalia shall not be visible from the exterior of the use.

4. The use shall comply with all State laws and regulations governing the retail sale and delivery of marijuana and the operation and licensure of marijuana businesses. A violation of any State law or regulation shall be deemed a violation of this code. (Ord. 268, 7-18-2017; Ord. 307, 12-5-2023)

A. Marijuana cultivation is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license shall be approved or issued for marijuana cultivation within the Town.

B. This section explicitly prohibits, without limitation, any marijuana cultivation in the Town that may be authorized under a State license described in Business and Professions Code sections 26050(a)(1) through (13) or (19), as amended, as well as any marijuana cultivation in the Town that may be authorized under a State license issued pursuant to Business and Professions Code sections 19300.7(a) through (j).

C. Pursuant to California State law, no person or entity may cultivate marijuana at any location in the Town, except that a person may cultivate no more than six (6) living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence. All marijuana cultivation must not be visible from anywhere outside the residence or accessory structure and shall not produce odors, sounds or other emissions that are sensible from surrounding properties which may indicate marijuana cultivation. All marijuana cultivation shall comply with State and local laws including, but not limited to, Health and Safety Code section 11362.2 as that provision may be amended subsequently. (Ord. 268, 7-18-2017; amd. Ord. 284, 5- 21-2019)

A. Marijuana Manufacturing Prohibited:

1. Marijuana manufacturing is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana manufacturing within the Town.

2. This subsection A explicitly prohibits, without limitation, any marijuana manufacturing in the Town that may be authorized under a State license described in Business and Professions Code sections 26050(a)(14) or (15), as

amended, as well as any marijuana manufacturing in the Town that may be authorized under a State license described in Business and Professions Code sections 19300.7(k) or (l), as amended.

• B. Marijuana Testing Prohibited:

1. Marijuana testing is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana testing within the Town.

2. This subsection B explicitly prohibits, without limitation, any marijuana testing in the Town that may be authorized under a State license described in Business and Professions Code section 26050(a)(16), as amended, as well as any marijuana testing in the Town that may be authorized under a State license described in Business and Professions Code section 19300.7(m).

• C. Marijuana Distribution Prohibited:

1. Marijuana distribution is not a permitted use and is prohibited in all zones throughout the Town. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for marijuana distribution within the Town.

2. Except as provided below, this subsection C explicitly prohibits, without limitation, any marijuana distribution in the Town that may be authorized under a State license described in Business and Professions Code sections 26050(a)(18), as amended, as well as any marijuana distribution in the Town that may be authorized under a State license described in Business and Professions Code section 19300.7(p), as amended. This subsection C does not prohibit the transportation of marijuana or marijuana products on the public roads in the Town. (Ord. 268, 7-18-2017; Ord. 307, 12-5-2023)

A. A violation of this chapter or noncompliance with any of the requirements of this chapter shall be subject to any criminal or civil enforcement remedies available under the law and this Code. In addition, the Town may prosecute a violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law or equity. Notwithstanding any other provision of this Code, no conduct which is protected from criminal liability pursuant to State law shall be made criminal by this chapter. B. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated by the Town either pursuant to this Code, including but not limited to procedures provided for in title 6, chapter 6.04, "Abatement Of Public Nuisances", of this Code or any other available remedies at law or equity.

C. Any person violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 268, 7-18-2017)