As used in this chapter, the following terms shall be ascribed the following meanings:
"Commercial medical marijuana activity"
means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical marijuana or medical marijuana products, in accordance with California Business and Professions Code Section 19300.5(k), as amended. Commercial medical marijuana activity does not include activity by qualified patients who only use medical marijuana for personal medical use in private and their primary caregivers.
"Commercial nonmedical marijuana activity"
means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, retailing, or sale of nonmedical marijuana or hemp, or nonmedical marijuana or hemp products, in accordance with California Business and Professions Code Sections 26000 et seq., as amended.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis or hemp, or any parts thereof, in accordance with California Business and Professions Code Section 19300.5(l), as amended, as well as California Health and Safety Code Sections 11362.1 et seq., as amended.
"Delivery"
shall have the same meaning as set forth in California Business and Professions Code Section 19300.5(m), as amended.
"Hemp"
shall be defined as set forth in California Health and Safety Code Section 11018.5, as amended.
"Indoor(s)"
means inside of a fully enclosed and secure structure or within a private residence. A fully enclosed and secure structure must have a complete roof enclosure, supported by connecting walls from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible through one or more lockable doors; walls must be constructed of solid non-transparent materials; and such structure must comply with Title 20 (Buildings and Construction).
"Marijuana accessories"
shall be defined as set forth in California Health and Safety Code Section 11018.2, as amended.
"Marijuana products"
shall be defined as set forth in California Health and Safety Code Section 11018.1, as amended.
"Medical marijuana"
means marijuana in compliance with California Health and Safety Code Section 11362.5 et seq., as well as medical marijuana products, and cannabis and cannabis concentrate as defined by California Business and Professions Code Section 19300.5, as amended.
"Medical marijuana dispensary"
means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following: a qualified patient, a person with an identification card, or a primary caregiver, in accordance with California Health and Safety Code Section 11362.5 et seq., and California Business and Professions Code Section 19300.5(n), as amended.
A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, California Health and Safety Code Section 11362.5 et seq., as amended, and other applicable law:
1. 
A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code, as amended;
2. 
A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code, as amended;
3. 
A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code, as amended;
4. 
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code, as amended;
5. 
A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code, as amended.
"Nonmedical marijuana"
means marijuana as defined in California Health and Safety Code Section 11018, as amended, that is intended to be used for nonmedical purposes pursuant to California Health and Safety Code Section 11362.1 et seq., as amended.
"Person"
means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or any combination thereof.
"Person with an identification card"
shall have the meaning given that term by California Health and Safety Code Section 11362.7, as amended.
"Primary caregiver"
shall have the meaning given that term by California Health and Safety Code Section 11362.7, as amended.
"Private residence"
shall be defined as set forth in California Health and Safety Code Section 11362.2(b)(5), as amended.
"Qualified patient"
shall have the meaning given that term by California Health and Safety Code Section 11362.7, as amended.
(Ord. 1955 § 1, 2007; Ord. 2137 § 1, 2016; Ord. 2152 § 1, 2016)
A. 
In addition to the other prohibitions in this chapter, commercial cultivation of medical and nonmedical marijuana and hemp shall not be operated or permitted in or upon any premises in the city.
B. 
The indoor cultivation of: (1) up to three medical marijuana plants by a qualified patient; or (2) up to nine medical marijuana plants by a primary caregiver—three such plants each for a maximum of three qualified patients being cared for by that primary caregiver; is not prohibited as long as such plants are not visible to the public from a public area and such plants do not utilize space otherwise needed to park a vehicle in a garage.
C. 
The indoor cultivation of up to six marijuana plants per residence by a person age 21 or older is not prohibited as long as such plants are grown indoors. The following additional restrictions shall apply:
1. 
The limit of six marijuana plants per private residence shall apply regardless of how many individuals age 21 or older reside at the private residence.
2. 
The primary use of the property shall be for a residence. There shall be legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.
3. 
Nonmedical marijuana cultivation is prohibited as a home occupation.
4. 
All areas used for cultivation of nonmedical marijuana, and any indoor grow lights, shall comply with Title 20 (Buildings and Construction).
5. 
The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation is prohibited.
6. 
A portable fire extinguisher shall be kept in the same area as where cultivation occurs.
7. 
If the inside of a residence's garage is used to grow marijuana, such plants shall not utilize space otherwise needed to park a vehicle inside such garage.
8. 
Cultivation shall only take place on impervious surfaces.
9. 
A fully enclosed and secure structure used for cultivation must: (a) have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure; (b) shall be located in the rear yard area of the parcel and must maintain a 10-foot minimum setback, or such larger setback as required by the zoning district; (c) the yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height (and if a solid fence is not allowed by the zoning district, then cultivation must occur within the residence); and (d) adequate mechanical locking or electronic security systems must be installed. This subsection shall not apply to cultivation occurring in a garage.
10. 
From a public right-of-way, there shall be no exterior evidence of marijuana cultivation on the site.
D. 
Outdoor cultivation of medical and nonmedical marijuana, or hemp, plants is prohibited in or upon any premises in the city.
(Ord. 2137 § 1, 2016; Ord. 2152 § 1, 2016)
In addition to the other prohibitions in this chapter, all commercial deliveries of nonmedical marijuana and hemp that either originate or terminate within the city are expressly prohibited.
Beginning January 1, 2024, the commercial delivery of medical marijuana to a qualified patient, or that patient's primary caregiver, is permitted pursuant to California Business and Professions Code Section 26320 et seq.
(Ord. 2137 § 1, 2016; Ord. 2152 § 1, 2016; Ord. 2244, 4/18/2023)
In addition to the other prohibitions in this chapter, no city permits, licenses, zoning certificates or entitlements shall be issued for any commercial medical or nonmedical marijuana, or hemp, activities, or other medical or nonmedical marijuana, or hemp, activities, in or upon any premises in the city. This section is also meant to prohibit all medical or nonmedical marijuana, and hemp, activities for which a state license is required.
(Ord. 2137 § 1, 2016; Ord. 2152 § 1, 2016)
Any person violating any of the provisions of this chapter shall be subject to administrative citation as provided in Chapter 1.24. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punished accordingly.
(Ord. 1955 § 1, 2007; Ord. 2137 § 1, 2016; Ord. 2152 § 1, 2016)