The following definitions apply to this chapter:
"Delivery"
means any commercial transfer of marijuana.
"Marijuana"
means any or all parts of a cannabis plant any compound derived
thereof, any synthetic compound designed to replicate or mimic the
effects of cannabis, any ingestible or consumable product infused
with or containing any of the forgoing, whether intended to be, or
actually used, for medical, nonmedical or recreational purposes. Marijuana
also includes tetrahydrocannabinols (THC), synthetic equivalents of
the substances contained in the cannabis plant, or in the resinous
extractives of cannabis, or derivatives of cannabis or THC.
"Marijuana cultivation"
means planting, growing, harvesting, drying, curing, grading,
trimming, processing, developing, or producing marijuana in any other
way.
"Marijuana dispensary"
means any individual, business, office, facility, location,
store, retail storefront, wholesale location, automobile, truck, vehicle,
machine, or other apparatus, or place, whether mobile, fixed or otherwise,
that delivers, provides, distributes or makes available marijuana
to any person for any purpose whether for medical, recreational or
other non-medical purposes in any commercial manner, including based
on donations or any other transaction. Marijuana dispensary includes,
but is not limited to, a collective, cooperative or any other group
that collectively or cooperatively distributes marijuana.
"Marijuana processing"
means any method used to prepare marijuana for any commercial
use, whether retail or otherwise, including, but not limited to: drying,
cleaning, curing, extracting, preparing, deriving, producing, or packaging
of marijuana and marijuana related products and concentrates.
(Ord. 793 § 2, 2016)
A. Marijuana processing, marijuana delivery, and marijuana dispensaries are prohibited activities in all zones and specific plan areas in the city, except in compliance with Chapter
17.95 and where the city is preempted by federal or state law from enacting a prohibition on any such activity.
B. Cultivation of marijuana for any commercial purpose is expressly prohibited in all areas, zones and specific plan areas in the city. No person or entity, including a qualified patient or primary caregiver, may cultivate any marijuana in the city, except in compliance with Chapter
17.94.
C. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, will be approved or issued for the activities of commercial marijuana cultivation, or marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city, except in compliance with Chapter
17.95.
D. No person or entity may conduct, cause, allow, permit, or maintain a marijuana dispensary, commercial marijuana cultivation, marijuana processing or marijuana delivery within the city, except in compliance with Chapter
17.95 and where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
E. Nothing
in this chapter may be deemed to permit or authorize any use or activity
which is otherwise prohibited by any state or federal law. .
(Ord. 793 § 2, 2016; Ord. 803 § 2, 2018; Ord. 819 § 6, 2020)
Any violation of this chapter is hereby declared a public nuisance
that may be abated, punished, or subject to injunctive relief by the
city by any means available at law.
(Ord. 793 § 2, 2016)
Any violation of this chapter, except as it relates to marijuana cultivation, shall constitute a misdemeanor, punishable as provided in Chapter
1.16.
(Ord. 793 § 2, 2016)