The purpose of this chapter is to regulate personal, medical, and commercial marijuana uses. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.
(16-09; 16-11)
Note: Prior ordinance history: 16-02, 08-09.
For purposes of this chapter, the following definitions shall apply:
includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products for commercial purposes, but does not include any medical marijuana activity permitted by California law.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.
means the holder of any state issued license related to marijuana activities, including but not limited to, licenses issued under Division 10 of the Business & Professions Code.
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; 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. It does not include:
means any equipment, products or materials 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 marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
means marijuana 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 marijuana or concentrated cannabis and other ingredients.
includes any individual, firm, 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.
means a house, an apartment unit, a mobile home, or other similar dwelling.
includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
Any term defined in this section also means the very term as defined in the California Business & Professions Code or the California Health & Safety Code, unless otherwise specified.
(16-09; 16-11)
A.
For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the City to the extent it is unlawful under California or federal law.
B.
Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such illegal use or activity.
C.
Indoor Cultivation.
1.
A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the City. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
2.
To the extent a complete prohibition on indoor cultivation for personal use is not permitted under California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, in excess of the limitations imposed by such state law.
(16-09; 16-11)
A.
The prohibitions set forth in this chapter are not intended to interfere with the individual rights of qualified patients and primary caregivers to cultivate, obtain or use marijuana for medical purposes as provided for by the voters of the State of California under Proposition 215 and Senate Bill 420 of the California Legislature. Cultivation of medical marijuana shall be subject to the requirements of Section 11362.77 of the California Health & Safety Code. Cultivation for medical purposes in violation of Section 11362.77 is unlawful.
B.
The establishment or operation of any medical marijuana dispensary, delivery service, operator, or establishment shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.
(16-09; 16-11)
The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:
A.
The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;
B.
The cultivation of marijuana;
C.
The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or
D.
Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.
(16-09; 16-11)
A.
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in this Municipal Code and/or under state law.
B.
As provided for in this Municipal Code, any provision of this chapter may be enforced by civil injunction issued by the Superior Court upon a suit brought by the City. As part of a civil action filed to enforce provisions of this chapter, this City may ask a court to assess a civil penalty of $2,500 per violation of any section of this chapter for each day during which any person commits, continues, allows or maintains a violation of any provision of this chapter.
C.
A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance or enforce any provision of this chapter may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. "Abatement" shall include any action taken by the City to cause or otherwise obtain compliance with this chapter or other codes, as specified herein, even if the violation is ultimately corrected by the violator. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this chapter.
(16-09; 16-11)