The City Council adopts this chapter based upon the following
findings:
A. The
voters of the State of California approved Proposition 215 (codified
as
Health and Safety Code Section 11362.5 et seq., and entitled, “The
Compassionate Use Act of 1996”).
B. The
intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to be able to obtain and use it without
fear of State criminal prosecution under limited, specified circumstances.
C. The
State enacted SB 420 in 2004 to clarify the scope of the Compassionate
Use Act of 1996 and to allow cities and other governing bodies to
adopt and enforce rules and regulations consistent with SB 420.
D. The
State further enacted SB 643, SB 266, and AB 243 in 2015 to further
clarify the scope of the Compassionate Use Act of 1996 and to allow
cities and other governing bodies to adopt and enforce rules and regulations,
consistent with State law, for regulating marijuana distribution,
cultivation, delivery, and transportation within their cities.
E. In
2016 the voters of the State of California approved Proposition 64
entitled, “The Adult Use of Marijuana Act”, which legalized
limited recreational use of marijuana.
F. In
2017 the State enacted SB 94 to reconcile the Adult Use of Marijuana
Act with prior State law on medical marijuana use.
G. The
Federal Controlled Substances Act, makes it unlawful to manufacture,
distribute, dispense, or possess marijuana as it is a Schedule 1 controlled
substance. Accordingly, marijuana possession and use is illegal under
Federal law.
(Ord. 5662 § 3, 2016; Ord. 5862 § 1, 2017)
For the purposes of this chapter, the words and phrases shall
have the same meanings respectively ascribed to them by this section:
“Cannabis,” “marijuana,” “medical
cannabis,” and/or “medical marijuana”
shall be used interchangeably and means all parts of the
plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis,
whether for medical or non-medical purposes, 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.
This includes the separated resin, whether crude or purified, obtained
from marijuana and as defined by California
Health and Safety Code
Section 11018, as may be amended. This section does not mean “industrial
hemp” as defined by California
Food and Agricultural Code Section
81000, as may be amended, or California
Health and Safety Code Section
11018.5, as may be amended.
“Delivery” or “deliver”
shall mean any transfer of marijuana or marijuana products,
whether for compensation or otherwise.
“Distribution”
means the procurement, sale, transfer, and/or transport of
marijuana and/or products made from marijuana.
“Marijuana dispensary” or “dispensary”
means a facility or location, whether permanent, temporary,
or mobile, where marijuana, products made from marijuana, or devices
for the use of marijuana are offered, either individually or in any
combination, for sale, use, transportation, distribution, and/or delivery,
whether for compensation or otherwise, by or to: (1) another dispensary
or processing facility; or (2) two or more of the following: a primary
caregiver, a qualified patient, a person with an identification card,
or anyone authorized under State law to use marijuana.
“Medical purpose”
shall mean use of marijuana by a primary caregiver, qualified
patient, and/or person with an identification card for personal medical
purposes, as provided by California
Health and Safety Code Section
11362.7 et seq.
“Non-medical purpose”
shall mean use of marijuana by a person other than a primary
caregiver, qualified patient, and/or person with an identification
card, who is otherwise authorized under local, State, or Federal laws
to cultivate marijuana, for personal non-medical use.
“Person”
means any individual, partnership, co-partnership, firm,
association, joint stock company, corporation, limited liability company
or combination of the above in whatever form or character.
“Person with an identification card”
shall have the same definition as California Health and Safety
Code Section 11362.7 et seq., as may be amended, and as may be amended
by California Department of Public Health’s “Medical Marijuana
Program.”
“Primary caregiver”
shall have the same definition as in California Health and
Safety Code Section 11362.7 et seq., as may be amended.
“Processing facility”
means any facility or location, whether permanent, temporary,
or mobile, that produces, prepares, propagates, processes, or compounds
marijuana or products made from marijuana, directly or indirectly,
by any method, for delivery, for compensation or otherwise. Processing
facility does not mean any facility or location manufacturing “industrial
hemp” as defined by California
Food and Agricultural Code Section
81000, as may be amended, or California
Health and Safety Code Section
11018.5, as may be amended.
“Qualified patient”
shall have the same definition as in California Health and
Safety Code Section 11362.7 et seq., as may be amended.
“Testing laboratory”
means a facility, person, or location that offers or performs
tests of marijuana or marijuana products.
(Ord. 5662 § 3, 2016; Ord. 5862 § 2, 2017)
It is unlawful and a misdemeanor for any person to engage in,
conduct or carry on, or to permit to be engaged in, conducted or carried
on, in or upon any premises or location within any zoning district
in the City of Roseville, the operation of a marijuana dispensary,
and/or processing facility, and/or testing laboratory. Nothing in
this chapter shall prohibit those activities expressly authorized
under California
Health and Safety Code Section 11362.1.
The prohibitions stated in this article shall not apply to a
laboratory that is ISO 17025 accredited in chemical and forensic testing
by A2LA or a comparable accrediting body, and that conducts marijuana
testing for medical, health and safety, or forensic purposes, with
a scope of testing that includes residual solvents, foreign materials,
microbiological impurities, volatile organic compounds, mycotoxins,
heavy metals, terpenes, and volatile and non-volatile pesticides.
Such laboratories shall not be state-licensed to facilitate the distribution,
testing or dispensing of marijuana for adult use or medicinal use,
and shall not cultivate marijuana nor store more than three pounds
of processed marijuana at any one time.
(Ord. 5662 § 3, 2016; Ord. 5862 § 3, 2017; Ord. 6198 § 1, 2020)
Delivery of marijuana, products made from marijuana, or devices
for the use of marijuana to or from any person, business, or location
in the City of Roseville is prohibited. Notwithstanding the foregoing,
a primary caregiver may personally deliver medical marijuana, products
made from marijuana, or devices for the use of marijuana to a qualified
patient or person with an identification card, for whom he or she
is the primary caregiver. Nothing in this chapter shall prohibit those
activities expressly authorized under California Health and Safety
Code Section 11362.1.
(Ord. 5662 § 3, 2016; Ord. 5862 § 4, 2017)
The provisions of this chapter are hereby declared to be severable.
If any section, sentence, clause, phrase, word, portion or provision
of the ordinance codified in this chapter is held invalid, or unconstitutional,
or unenforceable, by any court of competent jurisdiction, such holding
shall not affect, impair, or invalidate any other section, sentence,
clause, phrase, word, portion, or provision of said ordinance which
can be given effect without the invalid portion. In adopting said
ordinance, the City Council affirmatively declares that it would have
approved and adopted said ordinance even without any portion which
may be held invalid or unenforceable.
(Ord. 5662 § 3, 2016)