For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
"Cannabis"
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" includes cannabis that is used for medical, non-medical,
or other purposes. "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. "Cannabis" also does not include
industrial hemp, as defined in California
Health and Safety Code section
11018.5.
"Cannabis product"
means cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not
limited to, concentrated cannabis, or an edible or topical product
containing cannabis or concentrated cannabis and other ingredients.
"Commercial cannabis activity"
means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California
Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California
Health and Safety Code § 11362.765. Commercial cannabis activity also does not include the possession, storing, delivery or sale of cannabis by a non-storefront medical cannabis retailer as defined in section
5.20.020 of chapter
5.20 of this code.
"Concentrated cannabis"
means manufactured cannabis that has undergone a process
to concentrate one or more active cannabinoids, thereby increasing
the product's potency. Resin from granular trichomes from a cannabis
plant is a concentrate.
"Cultivation"
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
"Delivery"
means the commercial transfer of cannabis or cannabis products
to a customer. "Delivery" also includes the use by a retailer of any
technology platform owned and controlled by the retailer.
"Distribution"
means the procurement, sale, and transport of cannabis and
cannabis products between entities licensed under Division 10 of the
California
Business and Professions Code, as the same may be amended
from time to time.
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make
or prepare a cannabis product.
"MAUCRSA"
means the Medicinal and Adult-Use Cannabis Regulation and
Safety Act as codified in Division 10 of the Business and Professions
Code, as the same may be amended from time to time.
"Person"
means any natural person, firm, corporation, association,
club, society, partnership, joint venture, limited liability company,
sole proprietorship, collective, cooperative, coop, non-profit, estate,
trust, receiver, syndicate, or any other organization, group or entity
or combination of organizations or entities of any kind whatsoever,
however formed, as well as trustees, heirs, executors, administrators,
and/or assigns, and shall also include any owner, operator, manager,
proprietor, employee, agent, officer, volunteer, salesperson, trustees,
heirs, executors, administrators and assigns. The term "person" shall
also include all persons who have an ownership or leasehold interest
in any real property, premises and/or structures in which commercial
cannabis activity is occurring.
"Primary caregiver"
shall have the same meaning as is defined in California Health
and Safety Code section 11362.7(d), as the same may be amended from
time to time.
(Ord. No. 921 § 4, 2017; Ord. No. 1022, 12/20/2023)
Subject to the exceptions set forth in section
8.52.030, the following activities are prohibited in the city:
A. Commercial
cannabis activity, whether or not for profit, is prohibited in the
city. No person shall establish, operate, maintain, conduct, allow,
or engage in commercial cannabis activity anywhere within the city.
B. A property
owner shall not rent, lease or otherwise permit any person or business
that engages in commercial cannabis activity to occupy real property
in the city. A property owner shall not allow any person or business
to establish, operate, maintain, conduct, or engage in commercial
cannabis activity on any real property owned or controlled by that
property owner that is located in the city.
C. Subsection
A above shall prohibit all activities for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time.
D. Subject to the exceptions set forth in section
8.52.030, and to the extent not already prohibited by subsection
A, all deliveries of cannabis or cannabis products, to or from any location are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city.
(Ord. No. 921 § 4, 2017)
A. Nothing
in this chapter shall prohibit any person from transporting cannabis
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.
B. Nothing
in this chapter shall prohibit a person 21 years of age or older from
engaging in any activities authorized under California Health and
Safety Code section 11362.1.
C. Nothing
in this chapter shall prohibit any commercial cannabis activity that
the city is required by state law to permit within its jurisdiction
pursuant
Business and Professions Code section 26054(c) and (d), as
the same may be amended from time to time, or any other provision
of the MAUCRSA.
D. Nothing in this chapter shall prohibit the establishment of one physical premises from which retail sale by delivery of medicinal cannabis within the city is conducted by a non-storefront medical cannabis retail use. A non-storefront medical cannabis retail use shall be permitted with a minor use permit subject to the requirements set forth in section
17.102.080 and
a non-storefront medical cannabis retail regulatory permit subject to the requirements set forth in chapter
5.20. A non-storefront medical cannabis retailer may deliver medical cannabis within the jurisdictional limits of the city.
(Ord. No. 921 § 4, 2017; Ord. No. 1022, 12/20/2023)
In addition to any other enforcement permitted by this chapter of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in section
1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this chapter authorizes 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 section
1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. No. 921 § 4, 2017)