The
MAUCRSA (Medicinal and Adult Use Cannabis Regulation and Safety Act),
enacted on June 27, 2017, as may be amended from time to time.
“Cannabis” or “marijuana”
shall have the same meaning as provided in Health and Safety
Code Section 11018, as amended (which code section used to define
“marijuana”). The terms “cannabis” and “marijuana”
shall be used interchangeably in this chapter.
“Cannabis concentrate”
means cannabis that has undergone a process to concentrate
one or more active cannabinoids, thereby increasing the product’s
potency. Resin from granular trichomes from a cannabis plant is a
concentrate for purposes of this chapter. A cannabis concentrate is
not considered food, as defined by Section 109935 of the Health and
Safety Code, or a drug, as defined by Section 109925 of the Health
and Safety Code.
“Cultivation”
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
“Cultivator”
means marijuana facilities licensed as a cultivation site
or as a cultivator pursuant to California Business and Professions
Code Section 19300 et seq., or pursuant to California Business and
Professions Code Section 26000 et seq.
“Delivery”
means the commercial transfer of cannabis or cannabis products
from a State licensed distributor or retailer wherever located, to
an adult 21 years of age or older, qualified patient, or primary caregiver
located in the City of Desert Hot Springs, and shall include the use
of any technology platform that enables adults 21 years of age or
older, qualified patients, or primary caregivers located in Desert
Hot Springs to arrange for or facilitate the commercial transfer of
marijuana or marijuana products.
“Distribution”
means the procurement, sale, or transport of cannabis or
cannabis products either within the City limits, or to and from the
City from a place outside the City limits, from a permitted business
location of a licensed entity to a permitted business location of
another licensed entity subject to State laws and regulations and
subject to the provisions of this chapter and the City’s Municipal
Code.
“Legal parcel”
means a parcel of land for which 1 legal title exists. Where
contiguous legal parcels are under common ownership or control, such
legal parcels may at the option of the property owner be counted as
a single parcel for purposes of this chapter.
“Light manufacturer”
means a person or entity that conducts the production, preparation,
or compounding of cannabis or cannabis products either directly or
indirectly not using any kind of extraction method whatsoever, but
merely using chemical synthesis, such as baking or infusing at a fixed
location that packages or repackages cannabis or cannabis products
or labels or relabels its container.
“Light manufacturing facility”
means a facility that conducts the production, preparation,
or compounding of cannabis or cannabis products either directly or
indirectly not using any kind of extraction method whatsoever, but
merely using chemical synthesis, such as baking or infusing at a fixed
location that packages or repackages cannabis or cannabis products
or labels or relabels its container.
“Manufacturer”
means a person or entity that conducts the production, preparation,
propagation, or compounding of cannabis or cannabis products either
directly or indirectly or by extraction methods, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages
cannabis or cannabis products or labels or relabels its container.
“Marijuana cultivation facility”
means a facility wherein marijuana is propagated, planted,
grown, harvested, dried, cured, graded, labeled, tagged for tracking,
or trimmed, or wherein all or any combination of those activities
takes place.
“Marijuana distribution facility”
means any facility or location, the primary function of which
is the procurement, sale, and/or transport of marijuana and/or marijuana
products between entities operating in strict accordance with State
law, as may be amended from time to time, and subject to the provisions
of this chapter and the City’s Municipal Code.
“Marijuana entertainment facility”
means any facility or location, the primary function of which is an entertainment use, and which must contain an entertainment use (such as a movie, theater, bowling alley, concert venue) or as that use may be defined in DHMC Section
17.04.050, and a
t least 1 other of the following uses: (1) marijuana storefront retail facility, as defined; and/or (2) on-site marijuana consumption area.
“Marijuana facility”
means collectively any marijuana storefront retail facility,
non-storefront retail facility, marijuana cultivation facility, marijuana
distribution facility, marijuana testing facility, marijuana hotel
facility, or marijuana manufacturing facility, as those terms are
defined in this chapter.
“Marijuana hotel facility”
means a hotel, motel, or other transient lodging facility as defined by Chapter
3.20 of this code that possesses a permit issued pursuant to this chapter.
“Marijuana manufacturing facility”
means a facility where the production of marijuana concentrate,
and/or the preparation, propagation, or compounding of manufactured
marijuana, either directly or indirectly or by extraction methods
or independently by means of chemical synthesis, or the packaging
or repackaging of marijuana or marijuana products, or the labeling
or relabeling of its containers, occurs, provided the facility holds
a valid marijuana manufacturing facility license, a Marijuana Regulatory
Permit, and a Conditional Use Permit all issued in accordance with
this chapter and the City’s Municipal Code, and provided that
the facility will qualify for a valid State license when the State
of California begins issuing State licenses to marijuana manufacturers.
“Marijuana testing facility”
shall have the same definition as in the
Business and Professions Code Section 26001, as may be amended, which currently means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; (2) licensed by the Bureau of Cannabis Control, and regulated by Section 5700 et seq., as may be amended of Title
16 of the
California Code of Regulations. Notwithstanding, a “marijuana testing facility” shall also mean any of the following: (1) a testing facility that is contracted with the State of California or any lawful department thereof, to provide testing or research and development on behalf of or to benefit the State; (2) a testing facility that is contracted with the United States of America, or any lawful department thereof to provide testing or research and development on behalf of or to benefit the United States.
“Non-storefront retail facility”
shall have the same meaning as in Business and Professions
Code Section 26070(a)(1), as may be amended, and further defined by
Sections 5414 to 5427 et seq., in the
California Code of Regulations,
as may be amended. Currently, this is a delivery only retail facility
which sells marijuana to a customer solely and exclusively by delivery.
“On-site sales”
means the sale of marijuana for consumption on the premises.
“Patron”
means a registered guest of a hotel or motel or other transient lodging facility as defined by Chapter
3.20 of this code. Patrons shall not include any visitors or customers who do not register as guests.
“Storefront retail facility”
shall have the same meaning as in Business and Professions
Code Section 26070(a)(1), as may be amended, and further defined by
Sections 5400 to 5413 et seq., in the
California Code of Regulations,
as may be amended. Currently, this is a retail facility which sells
and/or delivers marijuana or marijuana products to customers. A storefront
retail facility shall have a licensed premises which is a physical
location from which commercial cannabis activities are conducted.