The purpose of this chapter is to regulate commercial cannabis
uses, both medical and non-medical, in a manner that is consistent
with the requirements of state law.
(Ord. No. 1000 § 4, 2022)
A. Commercial
cannabis uses are expressly prohibited in all zones, overlay zones
and special planning areas in the city. No person shall establish,
operate, maintain, conduct or allow commercial cannabis uses anywhere
within the city. The city shall not approve any application for a
business license, building permit, conditional use permit, variance,
or any other entitlement authorizing the establishment, operation,
maintenance, development, or construction of any commercial cannabis
use.
B. Outdoor
cannabis cultivation is expressly prohibited everywhere in the city.
No person owning, renting, leasing, occupying or having charge or
possession of any parcel shall cause or allow such parcel to be used
for cultivating cannabis outdoors.
C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with section
17.94.030.
(Ord. No. 1000 § 4, 2022)
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 cannabis except in strict compliance
with the requirements set forth below.
A. Cannabis
cultivation shall only occur indoors at a private residence, or inside
an accessory structure located upon the grounds of a private residence.
B. The
indoor cultivation of seven or more cannabis plants in a private residence
is prohibited. The indoor cultivation of six or fewer cannabis plants
in a private residence shall be permitted to the extent permitted
by state law.
C. Only
persons 21 years of age or older may cultivate cannabis. Any cannabis
cultivation must comply with the requirements set forth in California
Health and Safety Code §§ 11362.1 and 11362.2.
D. Cannabis
cultivation is permitted only within fully enclosed and secure structures.
E. No
person shall cultivate marijuana in any manner that causes any of
the following conditions:
1. Light,
glare, odor, noise, or vibration that is or whose effect is either
detrimental to public health, safety, or welfare or interferes with
the reasonable enjoyment of life or property; or
2. Any violation of chapter
17.66 of the development code.
(Ord. No. 1000 § 4, 2022)
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 § 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 to
Business and Professions Code § 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. 1000 § 4, 2022; 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 chapter, 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 § 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. 1000 § 4, 2022)