California Health and Safety Code Article 2.5 (Medical Marijuana Program) Section 11362.83 states, "Nothing in this article shall prevent a city or other local governing body from adopting and enforcing laws consistent with this article."
California Health and Safety Code Article 2.5 Section 11362.2(a) states, "A city may enact and enforce reasonable regulations of the personal cultivation of marijuana plants kept within a person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), that are located in a locked space, and are not visible by normal unaided vision from a public place but may not completely prohibit persons engaging in planting, cultivating, harvesting, drying, and processing not more than six marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
(Ord. 2004 § 2, 2016; Ord. 2014 § 2, 2017)
The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
"Cultivation"
means the planting, growing, harvesting, drying, curing, grading, trimming, and processing of marijuana plants.
"Marijuana dispensary"
means any facility or location, whether fixed or mobile, where marijuana or marijuana-infused products such as tinctures, baked goods, or other consumable products are cultivated, manufactured, processed, or by any means transported or delivered, or arranged to be transported or delivered, made available to or distributed by or distributed to a person.
"Operation"
means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of a marijuana dispensary.
"Person"
means any qualified patient or primary caregiver of qualified patients pursuant to Health and Safety Code Section 11362.5, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.
(Ord. 2004 § 2, 2016; Ord. 2014 § 2, 2017)
(a) 
Outdoor cultivation of marijuana shall be prohibited upon the grounds of a private residence.
(b) 
Indoor Cultivation Registration and Permit. A person shall obtain an indoor cultivation permit from the police department prior for the cultivating marijuana with a private residence. Applications for permits shall be made on forms provided by the police chief and shall be accompanied by a fee, as established by city council resolution. The following information shall be required with the initial registration application and subsequent annual renewals:
(1) 
The applicant shall be twenty-one years of age or older;
(2) 
A signed, notarized affidavit of any landlord or property owner, other than the applicant, shall be provided acknowledging and granting permission for marijuana cultivation to occur at the subject property;
(3) 
The names of each person owning, leasing, occupying, or having charge of any premises where marijuana will be cultivated shall be provided;
(4) 
The applicant shall complete a LiveScan with the California Department of Justice, at the applicant's own cost;
(5) 
The applicant shall not have any felony convictions for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance within the last five years;
(6) 
The applicant shall not have any pending code enforcement actions with the city;
(7) 
The applicant shall have no outstanding payments due to the city; and
(8) 
The applicant shall provide a signed consent to enter form acceptable to the city, authorizing city staff and its representatives, including, but not limited to, the police department, and the Los Angeles County fire department, to conduct inspections of the residence upon twenty-four-hours' notice, for the purpose of ensuring compliance with the standards and requirements for indoor marijuana cultivation.
(c) 
Indoor Cultivation Requirements. Indoor cultivation of no more than six live marijuana plants for personal use shall be subject to the following standards, consistent with state law:
(1) 
The applicant shall reside full-time on the premises where the marijuana cultivation occurs;
(2) 
The residence shall not include more than one cultivation area;
(3) 
The residence shall not be used for any of the following activities:
(A) 
Day care,
(B) 
Youth center,
(C) 
Group home, or
(D) 
Any facility that does not allow cultivation of marijuana by law or policy;
(4) 
Cultivation shall only be conducted within a single private residence or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure via a mechanical locking or electronic security system to prevent access by persons under twenty-one years of age;
(5) 
A floor plan and description of the cultivation area shall be provided;
(6) 
A cumulative area of no more than fifty square feet shall be used for marijuana cultivation purposes;
(7) 
The cultivation area shall be accessible by only one lockable door. Any window(s), skylight(s), ventilation, or other opening shall be lockable;
(8) 
The residential structure shall remain at all times a legal residence, with legal and functioning cooking, sleeping, and sanitation facilities, with proper ingress and egress. Marijuana cultivation shall not impede, obstruct or otherwise prevent these areas for use of cooking meals, sleeping or bathing;
(9) 
The garage of the residential structure shall not be used for marijuana cultivation and shall remain free and clear of cultivation equipment and marijuana plants;
(10) 
No exterior evidence of marijuana cultivation shall be visible from public view;
(11) 
The cultivation area shall not produce odors, sounds, or other emissions that are sensible from any adjacent properties and may indicate marijuana cultivation;
(12) 
A portable fire extinguisher, compliant with the standards adopted by the State Fire Marshal, shall be kept in the same area as the marijuana cultivation;
(13) 
All indoor cultivation areas shall comply with the California Building, Electrical, and Mechanical Codes, as amended by the city of Glendora, and Los Angeles County Fire Codes;
(14) 
Indoor lights required for marijuana cultivation shall not exceed an aggregate of one thousand two hundred watts and shall comply with all applicable building code regulations; and
(15) 
Gas products (including, but not limited to, CO2, butane, propane, and natural gas) or generators shall not be used for the marijuana cultivation.
(Ord. 2014 § 2, 2017)
Marijuana dispensaries are prohibited in the city of Glendora. No person shall locate, operate, own, allow to be operated or aide, abet or assist in the operation of any marijuana dispensary within the city.
(Ord. 2004 § 2, 2016)
(a) 
No person shall deliver marijuana to any location within the city from a marijuana dispensary, regardless of where the marijuana dispensary is located, or engage in any operation for this purpose.
(b) 
No person shall deliver any marijuana-infused product such as tinctures, baked goods or other consumable products, to any location within the city from a marijuana dispensary, regardless of where the marijuana dispensary is located, or engage in any operation for this purpose.
(Ord. 2004 § 2, 2016)
(a) 
Operation of any marijuana dispensary within the city in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
(b) 
Any marijuana cultivation that does not comply with the restrictions, standards, and requirements set forth herein shall be declared a public nuisance and shall be abated pursuant to all available remedies.
(Ord. 2004 § 2, 2016; Ord. 2014 § 2, 2017)
Violations of this chapter may be enforced by any applicable law. Notwithstanding any other provision of the code, a violation of this chapter is not subject to criminal penalties.
(Ord. 2004 § 2, 2016)