"Adult use cannabis"means the non-medical use of cannabis by adults of age twenty-one and over as permitted by MAUCRSA and other applicable state and city laws.
"Applicant"means a person, partnership, entity, collective or organization that applies for a permit to engage in commercial cannabis activity under this chapter.
"Bureau"means the Bureau of Cannabis Control with the California Department of Consumer Affairs.
"Cannabis"shall have the same meaning as in Section
26001 of the Business and Professions Code.
"Cannabis distribution"means the procurement, sale, and transport of cannabis and cannabis products between those persons or entities holding commercial cannabis licenses.
"Cannabis distribution facility"means the designated structure and property specified in the application that is owned, leased or otherwise held under the control of the distribution permittee where cannabis distribution is conducted.
"Cannabis permittee"means a person who holds a cannabis permit issued by the city of La Habra and the state of California; and shall be deemed the "operator" as that term is used herein.
"Cannabis premises"means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the city permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area.
"Cannabis review board"means the city manager, director of community and economic development, police chief, finance director, and director of public works, or their respective designees, who shall review the credentials of businesses wishing to establish commercial cannabis activities within the city of La Habra.
"City permit"means a permit issued by the city, in accordance with this chapter and state law, authorizing participation in a commercial cannabis activity.
"Commercial cannabis activity"means cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Sections
26001(i) and
26001(ai).
"Commercial cannabis business"means a person, partnership, entity, corporation, company or other organization that conducts commercial cannabis activity.
"Conditional use permit"means a conditional use permit granted by the planning commission in accordance with La Habra Municipal Code Chapter
18.66 with appropriate conditions to mitigate impacts from the commercial cannabis activity. The cannabis conditional use permit is not transferrable. Should complaints be received regarding the business operation, the conditional use permit may be scheduled for reconsideration at which time the planning commission, during a public hearing, may reapprove, approve with additional conditions, or revoke the permit per La Habra Municipal Code Chapter
18.66.
"Cultivation"shall mean any activity involving the germinating, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Indoor cultivation of marijuana for personal use by persons twenty-one years of age or older on the grounds of a private residence is permitted to the extent allowed by state law (Health and Safety Code Section
11362.1 through
11362.2). All cultivation of marijuana outdoors within the city of La Habra is prohibited.
"Delivery"shall have the same definition as set forth in California Business and Professions Code Section
26001(p). "Delivery" shall not include transportation of marijuana or marijuana products by a licensed transporter traveling through the city public roads to and from locations outside of the city where marijuana-related activities or uses are permitted.
"Director"means the director of community and economic development for the city of La Habra.
"Dispensary"shall mean any location where marijuana or devices for the use of marijuana are offered, either individually, or in combination, and includes retail sales. "Dispensary" includes delivery services and distribution.
"Dispensing"shall mean any activity involving the provision of marijuana for any purpose.
"Distribution"means the procurement, sale, and transport of cannabis and cannabis products between state licensees, including any city permittees who are state licensees.
"Distribution permit"means a city permit for distribution in accordance with the terms and conditions of a cannabis conditional use permit and the conditions of approval for the applicable city permit issued to such distribution permittee. Such permits shall be associated with state license Type 11 or such other distribution license types created by the state.
"Distribution permittee"means a person that has been issued a distribution permit by the city pursuant to the terms and conditions of this chapter; and shall be deemed the "operator" as that term is used herein.
"Fully enclosed and secure structure"means a space within a building structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secured against unauthorized entry and provides complete visual screening and which is accessible only through one or more lockable doors and is inaccessible to minors or other barriers that are sufficient to prevent unauthorized access and entry.
"Gross receipts"means the total amount of the sales of a city permittee, valued in money, whether paid in money or otherwise, without any deduction for the cost of materials used, any costs of transportation of the city permittee, or any other expenses.
"Manufacturer"shall mean a person that conducts the production, preparation, propagation, or compounding of marijuana, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by any combination thereof, and includes packaging, repackaging, labeling, and/or relabeling.
"Marijuana"shall have the same definition as that set forth in California Health and Safety Code Section
11018. "Marijuana" shall include: "cannabis" as defined in California Business and Professions Code Section
26001(f); "cannabis concentrate" as defined in California Business and Professions Code Section
26001(h); "edible cannabis product" as defined in California Business and Professions Code Section
26001(t); cannabis that is manufactured as defined in California Business and Professions Code Section
26001(ag); "medical cannabis," "medical cannabis product," or "cannabis product" as defined in California Business and Professions Code Section
26001;
"Marijuana businesses"shall mean marijuana businesses for any purpose (medical or non-medical) including dispensaries, cooperatives, cultivation, manufacturing, testing facilities, transporting, or distributing; all of which are prohibited from being established or operating within the city, except that licensed marijuana transporters are permitted to pass through the city on public roads as mandated by Business and Professions Code Section
26080 or specific uses permitted by this chapter.
"Non-storefront retailer"shall mean a state licensed Type 9 facility or premise located in the city where cannabis or cannabis products, in any amount or form, either individually or in combination are offered or provided for retail sale or other sales or transfer to consumers where the premises is closed to the public and sales exclusively conducted by delivery as defined in Business and Professions Code Section
26001(p) .
"Nonvolatile solvent"means any solvent used in the extraction process that is not a volatile solution as defined by state law. For purposes of this chapter, a nonvolatile solvent includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post-extraction processing.
"Person"shall mean any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer and/or salesperson.
"Permit zone"means, with respect to a person holding a city permit, the zones or portions of the city where such city permit type is permitted to operate. Such permit zones may be amended from time-to-time by a majority vote of the city council. To the extent not otherwise specified in this definition, a city permittee shall be able to operate in any portion of the city, which complies with the zoning, radius and other requirements of this chapter.
"Qualified cannabis applicant"means a person who applies for a permit to conduct commercial cannabis activity under this chapter and whose application complies with this chapter and has not been deemed disqualified.
"Qualified patient" or "qualifying patient"shall mean qualified patient and persons with identification cards as those terms are defined by the Health and Safety Code Section
11362.7. This prohibition does not apply or prohibit qualified patients and persons with identification cards to cultivate indoors, possess, and use marijuana for their own personal medical purposes only, as permitted by state law. Nothing herein shall be construed to authorize qualified patients to engage in the collective cultivation of marijuana as described by Health and Safety Code Section
11362.775, nor are they permitted to cultivate marijuana above limits established by state law and guidelines for their own personal use.
"Sampler"is a testing laboratory employee who collects samples of cannabis goods for testing.
"State"means the state of California.
"State law"means all laws of the state, including all rules and regulations adopted by state agencies and state regulatory entities.
"State license"means a state license issued under Division 10, commencing with Section
26000, of the Business and Professions Code, and includes both an A-License and M-Licenses as well as a testing laboratory license.
"Testing laboratory"is an entity that is licensed by the state, license Type 8, to conduct sampling and analyses of medical and or adult use cannabis goods and includes the personnel, specialized apparatus, and instruments used to analyze medical and or adult use cannabis goods. This definition does not include the cloning, planting or cultivation of cannabis plants or the direct sales, distribution, delivery, or dispensing of cannabis and cannabis products to the public.
"Testing site"shall mean any facility, entity, or site in the city that offers or performs tests of marijuana.
"Volatile solvent"means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(Ord. 1791 § 3, 2018; Ord. 1794 § 2, 2018; Ord. 1827 § 2, 2020)