For purposes of this chapter, the following definitions shall apply:
"Adult cannabis use" or "adult use"means all uses of cannabis and cannabis products by adults twenty-one years of age and over, also referred to as "recreational" or "personal" cannabis use.
"AUMA"refers to the California State law entitled "Control, Regulate and Tax Adult Use of Marijuana Act of 2016," also known as Proposition 64, and any regulations promulgated thereunder.
"Buffer area" or "buffer areas"means the minimum separation distance between a particular commercial cannabis activity or use and a particular "sensitive land use" or activity, e.g., schools, child day care facility, or youth community centers, as designated by state laws or regulations, or as set forth in this chapter and in Title
17 (Zoning). The separation distance shall be the horizontal distance measured in a straight line from the property line of the sensitive use to the closest property line of the lot on which the commercial cannabis activity or use is to be located, without regard to intervening structures ("as the crow flies").
"Cannabis"includes the term "marijuana" and 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 cannabis. "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, as defined by California Business and Professions Code Section
26001(f), or any successor statute thereto. For this chapter, "cannabis" does not mean "industrial hemp" as defined by Section
11018.5 of the Health and Safety Code, as that section may be amended or interpreted by the California courts or superseded by any successor statute.
"Cannabis accessories"means any equipment, products, materials or paraphernalia of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body, as defined by California Health and Safety Code Section
11018.2, or any successor statute thereto.
"Cannabis business"means any commercial operation engaged in the lawful sale, manufacture, distribution, processing, cultivation, and/or testing of cannabis and cannabis products.
"Cannabis product"means marijuana or cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, an edible, a topical product containing cannabis, or concentrated cannabis and other ingredients, as defined by Health and Safety Code Section
11018.1, or any successor statute thereto.
"Cannabis regulation" or "cannabis regulations"means, collectively, the regulations codified at: California Business and Professions Code Section
26000 et seq., "Medicinal and Adult-Use Cannabis Regulation and Safety Act" (MAUCRSA); California Code of Regulations Title
4, Division 19, Department of Cannabis Control; and any successor regulations thereto. The generic terms "regulations" or "laws" include cannabis regulations.
"CBD"means the compound cannabidiol, as defined by the California Code of Regulations, Title
17, Division 1, Chapter 13, Section
40100, or any successor statute or regulation thereto.
"City approval"means, collectively, any applicable local cannabis license, cannabis permit, stamp, signature, or other notation on approved plans, use permit, minor use permit, administrative permit, zoning clearance, variance, exception, building permit, business or other license, environmental permit, or other applicable entitlement or approval, and compliance with applicable state and local laws and regulations.
"City cannabis license"means a revocable license that is issued by the city manager for a cannabis business or commercial activity, which is permitted under this chapter and licensed by the state, as identified in California Business Code Section 26050(a), or any successor statute therein.
"City Manager"means the city of West Sacramento city manager or designee.
"Customer"means a natural person twenty-one years of age or older, a qualified patient, or a primary caregiver, as defined by California Business and Professions Code Section
26001(n), or any successor statute thereto, or anyone else authorized to purchase cannabis or cannabis accessories under California law.
"Department of Cannabis Control (DCC)"means the lead state agency or successor agency responsible for regulating and licensing commercial medicinal and adult use cannabis in California, which is also responsible for licensing retailers, distributors, testing laboratories, microbusinesses, and temporary cannabis events.
"Delivery"means the commercial transfer of cannabis or cannabis product or products to a customer, and includes the use by a cannabis retailer of any technology platform, as defined by California Business and Professions Code Section
26001(p), or any successor statute thereto. Dispensary. See "Retailer."
"Indoor"means any location that is within a fully enclosed nonresidential building or structure, or private residence.
"Industrial hemp"means a crop that is limited to types of the plant Cannabis sativa L. having no more than three tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
"MAUCRSA"means the Medicinal and Adult Use Cannabis Regulation and Safety Act (Business and Professions Code Section
26000 et seq.).
"MCRSA"means the Medical Cannabis Regulation and Safety Act.
"Medicinal cannabis" or "medical cannabis use"means the use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, as defined in California Health and Safety Code Section
11362.5, or any successor statute thereto.
"Microbusiness"means a cannabis business allowed to engage in the cultivation of cannabis on an area less than ten thousand square feet, and to act as a licensed distributor, Level 1 manufacturer (Type 6 license), if duly licensed by the Department of Cannabis Control, as defined by California Business and Professions Code Section
26070(a)(3)(A), or any successor statute thereto. A microbusiness shall engage in at least three of the following commercial cannabis activities: non-storefront retail, distribution, distribution-transport only, manufacturing, and/or cultivation.
"Minor"means any person who is under twenty-one years of age.
"Non-storefront retailer"means a cannabis business or commercial activity that is closed to the public and only sells cannabis, cannabis products, and cannabis accessories exclusively through delivery, as defined by California Business and Professions Code Section
26001(p), or any successor statute thereto.
"Outdoor"means any location within the city that is not within a fully enclosed nonresidential building or structure, or within a private residence.
"Parcel"means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (California Government Code Section
66410 et seq.). A parcel may or may not be improved, including, but not limited to, buildings, structures, and/or private residences.
"Person"Includes any individual, firm, entity, 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, and the plural as well as the singular, as defined by California Business and Professions Code Section
26001(an), or any successor statute thereto.
"Primary caregiver,"as defined by California Health and Safety Code Section
11362.7(d), or successor statute thereto, means an individual, designated by a qualified patient or by the person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, including cases in which a qualified patient or person receives medical care or supportive services, or both, from: (1) a clinic licensed pursuant to Chapter
1 of Division 2 of the Health and Safety Code; (2) a health care facility licensed pursuant to Chapter
2 of Division 2 of the Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter
3.01 of Division 2 of the Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter
3.2 of Division 2 of the Health and Safety Code; and (5) the delivery, administration or provision of medical cannabis by a designated primary caregiver to the qualified patient of the primary caregiver or the person with an identification card who has designated the individual as a primary caregiver at the primary residence of the qualified patient or person with an identification card who has designated the individual as a primary caregiver.
"Private residence"means a legally permitted house, an apartment unit, a mobile home, an accessory dwelling unit, or other similar dwelling. To the extent allowed by law, a private residence must be currently, presently, and lawfully utilized as the primary dwelling of one or more natural persons.
"Qualified patient"means a patient that uses or ingests cannabis or cannabis products for medical purposes, as defined in California Health and Safety Code Section
11362.7, or any successor statutes thereto.
"Regulatory approval"means, collectively, any applicable state cannabis license, state or regional environmental permit, laws, rules, regulations, or other applicable entitlement or approval, and compliance with applicable state and local laws and regulations.
"Retailer"means a cannabis business, either "storefront retailer" or "non-storefront retailer," which provides for the retail sale and/or delivery of cannabis, cannabis products, and cannabis accessories to customers from a physical location from which commercial cannabis activities are conducted, as that term is used in California Business and Professions Code Section
26070 et seq., or any successor statute thereto.
"Sensitive land use"means a legally established use within the city consisting of: (1) a public or private school that provides on-site instruction from transitional kindergarten to grade 12 with an enrollment of at least one hundred students; (2) a child day care facility, other than a large or small licensed family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers; or (3) a youth community center, which is defined as a public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. Youth community center does not include martial arts studios, swim schools, music classes, painting classes, gymnastic studios, theatre companies, birthday party rooms, science and educational facilities, performing arts studios, and tutoring facilities.
"state license"means any license or permit issued by a state agency for a cannabis use, activity or type, as identified in California Business and Professions Code Section
26050(a), or any successor statute thereto.
"Storefront retailer"means a cannabis business or commercial activity that has premises with direct physical access for the public.
"THC"means the compound 9-tetrahydrocannabinol, as defined by the California Code of Regulations, Title
17, Division 1, Chapter 13, Section
40100, or any successor statute or regulation thereto.
(Ord. 23-1, 3/15/2023)