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)
For purposes of this chapter, the following definitions shall
apply:
"Commercial marijuana activity"
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.
"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. "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.
"Distribution"
means the procurement, sale, and transport of marijuana and
marijuana products between entities for commercial use purposes.
"Licensee"
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.
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make
or prepare a marijuana product.
"Marijuana"
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:
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 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.
"Marijuana products"
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.
"Person"
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.
"Private residence"
means a house, an apartment unit, a mobile home, or other
similar dwelling.
"Sale"
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)
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)