(a) 
The purpose of this chapter is to expressly prohibit commercial marijuana activity in the City. Nothing in this chapter shall preempt or make inapplicable any provision of State or Federal law.
(b) 
Business and Professions Code Section 19320(a) provides that a person must hold both a State and local license to engage in commercial medical marijuana activity. Business and Professions Code Section 26055(e) provides that a State licensing authority shall not approve an application for a State license for a non-medical marijuana business if approval of the State license will violate the provisions of any local ordinance.
(c) 
The City Council finds that a prohibition on all commercial marijuana activity (both medical and non-medical) is necessary for the preservation and protection of the public health, safety and welfare for the City and its community. The City Council's prohibition of such commercial marijuana activity is within the authority conferred upon the City Council by State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety and welfare of the City and its community.
(Ord. 17-844, § 5)
For purposes of this chapter, the following definitions shall apply:
"AUMA"
means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.
"Commercial marijuana activity"
means and includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products, whether or not for profit. The term "commercial marijuana activity" also means and includes the activities of any business licensed by the State or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
"Concentrated cannabis"
means "cannabis concentrate" as defined in Business and Professions Code Section 19300.5, as the same may be amended from time to time.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of marijuana.
"Delivery"
means the commercial transfer of marijuana or marijuana products to a customer. The term "delivery" includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under State law that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
"Distribution"
means the procurement, sale and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
"Fully enclosed and secure structure"
means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
"Indoors"
means within a fully enclosed and secure structure.
"Manufacture"
means to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
"Marijuana"
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. The term "marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. The term "marijuana" includes "cannabis" as defined in Business and Professions Code Section 19300.5(f), as the same may be amended from time to time. The term "marijuana" does not include:
(1) 
Industrial hemp as defined in Section 11018.5 of the California Health and Safety Code; or
(2) 
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.
"Marijuana accessories"
means any equipment, products or materials of any kind that 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 marijuana, or for ingesting, inhaling or otherwise introducing marijuana or marijuana products into the human body.
"Marijuana product"
means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, without limitation, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
"MCRSA"
means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266 and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time.
"Outdoors"
means any location that is not within a fully enclosed and secure structure.
"Person"
means and includes any individual, firm, co-partnership, joint venture, association, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, non-profit or any other group or combination acting as a unit, and the plural as well as the singular.
"Private residence"
means a house, an apartment unit, a mobile home or other similar dwelling that is lawfully used as a residence.
(Ord. 17-844, § 5)
(a) 
Commercial marijuana activity is expressly prohibited in the City, including all activities for which a State license is required pursuant to the MCRSA or the AUMA. No person shall establish, operate, maintain, conduct, allow or engage in commercial marijuana activity anywhere within the City.
(b) 
A property owner shall not rent, lease or otherwise permit any person that engages in commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person to establish, operate, maintain, conduct or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City.
(c) 
The City shall not issue any permit, license or other entitlement for any commercial marijuana activity, including any activity for which a State license is required under the MCRSA or the AUMA. Further, the City shall also not issue any local license to a non-profit pursuant to Business and Professions Code Section 26070.5.
(d) 
To the extent not already prohibited by subsection (a) of this section, all deliveries of marijuana or marijuana products to or from any location in the City are expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting marijuana through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.
(Ord. 17-844, § 5)
The prohibition in Section 5-21.03 of this chapter shall not prohibit:
(a) 
The indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code Sections 11362.1 and 11362.2, and only if the cultivation complies with Section 5-21.05 of this chapter.
(b) 
A person 21 years of age or older from: (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than twenty-eight and one-half (28.5) grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis; (2) smoking or ingesting marijuana or marijuana products; or (3) possessing, transporting, purchasing, obtaining, using, manufacturing or giving away marijuana accessories to persons 21 years of age or older, without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code Sections 11362.1 and 11362.2.
(Ord. 17-844, § 5)
It is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in the City to cause or allow such real property to be used for the cultivation of marijuana indoors, except in strict compliance with Health and Safety Code Sections 11362.1 and 11362.2, as the same may be amended from time to time. Cultivation of marijuana outdoors is expressly prohibited everywhere in the City.
(Ord. 17-844, § 5)
In addition to any other enforcement permitted by this chapter, or Chapter 2 of Title 1 of this Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 2 of Title 1 of this Code, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under this section or Chapter 2 of Title 1 of this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(Ord. 17-844, § 5)