A. 
The purpose of this chapter is to prohibit commercial cannabis activity within the town of Loomis as well as to impose reasonable regulations on personal cultivation in private residences and accessory structures.
B. 
The town council finds that the prohibition of commercial cannabis activity is necessary for the preservation and protection of the public health, safety, and welfare of the town. The prohibition of such uses is within the authority conferred upon the town council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare.
(Ord. 281 § 3, 2019)
"Cannabis"
shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; seeds thereof; 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 goods as defined in Title 16 of the California Code of Regulations at Section 5000(f); dried flower as defined in Title 16 of the California Code of Regulations at Section 8000(k); kief as defined in Title 16 of the California Code of Regulations at Section 5000(l); non-manufactured cannabis product as defined in Title 16 of the California Code of Regulations at Section 8000(v); and pre-roll as defined in Title 16 of the California Code of Regulations at Section 5000(q).
"Commercial cannabis activity"
shall have the same meaning as defined in Title 16 of the California Code of Regulations at Section 8000(g).
"Cultivation"
shall have the same meaning as defined in Title 16 of the California Code of Regulations at Section 8000(h).
"Cultivation area"
shall mean the space within a residence or enclosed structure where cultivation takes place, including the space occupied by any equipment necessary for cultivation.
"Delivery"
means the commercial transfer of cannabis or cannabis products to a customer.
"Enclosed structure"
means a structure that has: a complete roof, a foundation, walls, security measures to protect against unauthorized entry, and access only through one or more lockable doors.
"Immature plant"
shall have the same meaning as defined in Title 16 of the California Code of Regulations at Section 8000(m).
"Indoors"
shall mean the space within an enclosed structure.
"Mature plant"
shall have the same meaning as defined in Title 16 of the California Code of Regulations at Section 8000(s).
"MAUCRSA"
shall mean the Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code (Section 26000 et seq.) as the same may be amended from time to time.
"Outdoor cultivation"
shall mean cultivation in any location not within an enclosed structure.
"Person"
shall mean any natural person, corporation, firm, partnership, joint venture, limited liability company, cooperative, nonprofit, association, other similar entity, or any owner, manager, employee, or volunteer belonging to such an entity.
"Personal cultivation"
shall mean cultivation undertaken by a personal grower.
"Personal grower"
shall mean any person who cultivates cannabis for personal use under the authority of, and in compliance with, state law and the provisions of this Chapter 13.46.
"Residence"
shall mean a house, apartment unit, condominium, mobile home, or other similar structure that is lawfully used as a dwelling, and is located within those zones of the town of Loomis authorizing such residential use.
"State license"
shall mean any license issued by the State of California, or any department thereof, for the purpose of undertaking any type of commercial cannabis activity.
"State licensee"
shall mean the holder of any state license.
(Ord. 281 § 3, 2019)
A. 
Commercial cannabis activity is prohibited in the town of Loomis. This prohibition shall include, to the maximum extent permitted under state law, any and all deliveries within the town of Loomis.
B. 
In accordance with the provisions of this chapter, the town of Loomis will not issue any license, permit, acknowledgement, or other such entitlement authorizing commercial cannabis activity within the town of Loomis where such entitlement is necessary to procure a state license.
C. 
Regardless of any state license issued for commercial cannabis activity in any other jurisdiction, no state licensee may undertake any commercial cannabis activity within the town of Loomis under such a state license.
D. 
No property owner shall rent, lease, or otherwise permit any person to make use of their property for commercial cannabis activity.
(Ord. 281 § 3, 2019)
A. 
A personal grower may undertake personal cultivation, subject to state law and the conditions set forth in subsection B of this section.
B. 
Personal cultivation shall be subject to the following conditions:
1. 
Personal cultivation shall only occur within the residence where the personal grower resides full-time or an enclosed structure located on the same parcel as that residence.
2. 
The cultivation area shall be wholly contained within one room of the residence or enclosed structure.
3. 
The cultivation area shall be securely locked and accessible only to residents of the residence.
4. 
Lighting for personal cultivation shall not exceed a total of one thousand two hundred watts and shall not be located less than twelve inches from any cannabis plants.
5. 
Personal cultivation shall be limited to six mature plants or twelve immature plants, or any combination thereof where one mature plant is equal to two immature plants.
6. 
Controls shall be in place to prevent any odors or other olfactory stimulus from the cultivation being detectable from outside of the residence or enclosed structure.
7. 
Personal cultivation shall not include the use of butane, CO2 , methane, or any other flammable or nonflammable gas.
8. 
Personal cultivation shall not be visible from the exterior of the residence or enclosed structure where the cultivation area is located.
9. 
The residence, enclosed structure, and cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in Chapter 11.04 of this code and state law.
(Ord. 281 § 3, 2019)
A. 
Violation of this chapter shall constitute a public nuisance. Additionally, adverse effect caused by personal cultivation on the public health, welfare, or safety where such an adverse effect is caused by dust, glare, heat, noise, noxious gasses, odors, smoke, traffic, vibration, or other impacts shall constitute a public nuisance.
B. 
Abatement of such a public nuisance arising from a violation of this chapter is subject to the procedures set forth in Chapter 7.04 of this code, including summary abatement pursuant to Section 7.04.190 of this code.
C. 
Any violation of this chapter may be subject to fines or liens as set forth in Chapter 7.04 of this code and any violation of this chapter may additionally be punishable as a misdemeanor.
(Ord. 281 § 3, 2019)