It is the purpose and intent of the City Council to regulate cannabis businesses consistent with State law and to protect the health, safety, and welfare of the residents of the City. The regulations in this chapter do not interfere with a qualified patient's right to obtain and use cannabis as authorized under State law, nor do they criminalize the possession or cultivation of cannabis by certain individuals as authorized under State law. Cannabis businesses shall comply with all provisions of the Woodland Municipal Code, State law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis businesses. It is neither the intent of this chapter to condone or legitimize the illegal use or consumption of cannabis under Federal, State, or local law, nor to authorize the operation of a legal business in an illegal manner.
(Prior code § 13A-1-01; Ord. 1686 § 1, 2022)
As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:
"Cannabis"
means all or any 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, and cannabis as defined by Section 11018 of the California Health and Safety Code, as it may be amended. For purposes of this article, "cannabis" means and includes both cannabis for medical purposes and non-medical, "adult-use" purposes, unless otherwise specified, but does not include industrial hemp.
"Cannabis business"
means a business activity, including, but not limited to, planting, cultivation, harvesting, transporting, manufacturing, compounding, converting, processing, preparing, storing, packaging, distributing, researching, testing, providing, or selling wholesale and/or retail sales of cannabis. A cannabis business includes any facility, building structure, or location, expressly including dispensaries and deliveries, and shall expressly include those commercial cannabis activities authorized and/or licensed by State law.
"Cannabis business permit"
means any permit issued to a cannabis business pursuant to the provisions of this chapter.
"Cannabis cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis licensed by the State and permitted by Chapter 17.110 of this code. For purposes of this chapter, cannabis cultivation does not mean or include personal cultivation of cannabis regulated by Chapter 17.108 of this code.
"Cannabis distribution facility"
means any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis or cannabis products between State-licensed cannabis businesses, including warehouses and similar structures, as permitted by Chapter 17.110 of this code.
"Cannabis laboratories and research"
means a laboratory, facility, or entity that offers or performs tests or testing of cannabis or cannabis products, as permitted by Chapter 17.110 of this code, including accredited testing laboratories licensed by the State and involved in commercial cannabis activity in the State, and start-up or incubator research activities, which typically include, but are not limited to, research, design, analysis, development, and/or testing of a cannabis product, and laboratories or facilities engaged in scientific research studies, investigation, testing, or experimentation, but not including cannabis manufacturing or sales of cannabis.
"City Manager"
means the City Manager and designee.
"Cannabis manufacturing"
means the compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product, as permitted by Chapter 17.110 of this code, expressly including the production, preparation, propagation, processing, or compounding of cannabis or cannabis products directly or indirectly, including through extraction and/or chemical synthesis methods.
"Cannabis retailer"
means a premises permanently located in the City licensed by the State of California pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code Section 26000 et seq., as may be amended, where cannabis is provided for retail sale to consumers, including an establishment that delivers cannabis as part of a retail sale, as permitted by Chapter 17.110 of this code.
"Community Development Director"
means the Community Development Director of the City or their designee.
"Conditional use permit"
means any conditional use permit issued by the City pursuant to Chapter 17.132 of this code related to the operation of a cannabis business.
"Interested parties"
means any of the following:
1. 
Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of 20% or more in the cannabis business;
2. 
Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least 20% of the cannabis business, or that is one of the partners in the cannabis business;
3. 
The manager(s) of the cannabis business; and
4. 
The staff of the cannabis business.
"Juvenile"
means any natural person who is under the age of 21 years.
"Manager"
means a person with responsibility for the establishment, registration, supervision, or oversight of the operation of a cannabis business, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or manager of the cannabis business.
"Medical cannabis"
means cannabis used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5 et seq.) and the Medical Cannabis Program Act (California Health and Safety Code Section 11362.7 et seq.), as they may be amended from time to time.
"Physician"
means a licensed medical doctor as defined in California Business and Professions Code Section 4039.
"Police Chief"
means the City of Woodland Chief of Police and designee.
"Primary caregiver"
shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.
"Private medical records"
means records related to the medical history of a qualified patient and includes the recommendation of a physician for the medical use of medical cannabis and the designation of a primary caregiver by a qualified patient.
"Qualified patient"
shall have the same definition as set forth in California Health and Safety Code Section 11362.7, as may be amended.
"Staff"
means a person other than a manager who works or provides services on the site of a cannabis business, whether as an employee, contractor, or volunteer.
(Prior code § 13A-1-02; Ord. 1686 § 1, 2022)
A. 
No cannabis business shall operate unless it is in possession of all applicable State and local licenses or permits.
B. 
If any applicable State or local license or permit required for a cannabis business's operation is denied, suspended, modified, revoked, or expired, the cannabis business shall notify the Community Development Director in writing within 10 days.
(Prior code § 13A-1-03; Ord. 1686 § 1, 2022)
In addition to any fees established and imposed pursuant to this chapter, all cannabis businesses are required to pay all applicable taxes, including any applicable business license tax imposed by the Woodland Municipal Code.
(Prior code § 13A-1-04; Ord. 1686 § 1, 2022)
Cannabis business permits issued pursuant to this chapter are not property and have no value. Cannabis business permits may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a cannabis business permit is unlawful and void, and shall automatically revoke the permit.
(Prior code § 13A-1-06; Ord. 1686 § 1, 2022)
All notices required by this chapter shall be deemed issued and served upon the date they are either deposited in the United States mail, postage pre-paid, addressed to the applicant or cannabis business at the mailing address identified in its application, the last updated address on file with the Community Development Director, or the mailing address on the appeal form; or the date upon which personal service of the notice is provided to the applicant or a manager identified on the application or appeal form.
(Prior code § 13A-1-07; Ord. 1686 § 1, 2022)
A. 
The Police Chief may enter and inspect the site of a cannabis business at any reasonable time to ensure compliance and enforcement of the provisions of this chapter.
B. 
No person shall refuse, impede, obstruct, or interfere with a lawful inspection performed pursuant to this chapter.
C. 
The Police Chief or Community Development Director or their respective designees may inspect and demand copies of records maintained by the cannabis business, except for private medical records, which shall be made available to law enforcement agencies only pursuant to a properly executed search warrant, subpoena, or court order.
(Prior code § 13A-1-08; Ord. 1686 § 1, 2022)
A. 
Any person who violates the provisions of this chapter shall be subject to a fine of up to $1,000.00 for each day the violation continues.
B. 
Violations of this chapter are hereby declared to be public nuisances. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to civil action and administrative penalties pursuant to Chapter 9.20 of this code.
C. 
All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the City from the pursuit of any other available remedy for the purpose of enforcing the provisions hereof.
(Prior code § 13A-1-09; Ord. 1686 § 1, 2022)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
(Prior code § 13A-1-10; Ord. 1686 § 1, 2022)