Regulation of the sale of intoxicating cannabinoids within the unincorporated area of the County is necessary for the purpose of protecting the health, safety and welfare of the citizens of Sacramento County.
The proliferation of the sale of intoxicating cannabinoids, including those derived from hemp, in licensed establishments within the unincorporated area, and the distribution of such intensifies and otherwise compounds the problem of illegal use of controlled substances within this community.
By approving this ordinance, the Board of Supervisors intends to close the "derivatives loophole" caused by the Federal definition of hemp at Section 7 U.S.C. 1639o ["all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers" from the Cannabis sativa L. plant with a Delta-9-THC concentration of not more than a 0.3% on a dry weight basis"] by banning the sale of a hemp-derived, or other cannabidiol that has been converted into a cannabinoids product or derivation that can cause intoxication.
This Chapter is a measure which is necessary in order to discourage the illegal sale of controlled substances within the unincorporated area of Sacramento County.
(SCC 1742, 10/22/2024)
A. 
"Advertise" means to publish or disseminate an Advertisement.
B. 
"Advertisement" means any written or verbal statement, illustration, or depiction, which a reasonable person would understand as intended to induce sales, including any written, printed, graphic, or other material; billboard, sign, or other outdoor, digital, indoor or point-of-sale display including, without limitation, an individual carrying a display, other periodical, literature or publication; or in any similar media;
C. 
"Cannabinoids" mean structured chemical compounds found in cannabis plants; Cannabinoids include both THC and CBD.
D. 
"Cannabidiol" or "CBD" means a type of substance identified using CAS Common Chemistry Registry Number 13956-29-1; This shall include cannabidiolic acid.
E. 
"County" means the County of Sacramento.
F. 
"Director" means the Director of the Department of Finance or the Director's designee.
G. 
"Industrial Hemp" and "Hemp" means an agricultural product, whether growing or not, that is limited to types of the plant Cannabis sativa L. and any part of that plant, including the seeds of the plant and all derivatives, extracts, the resin extracted from any part of the plant, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. "Industrial hemp" does not include any synthetically derived cannabinoid.
H. 
"Offer for sale" means the solicitation, advertisement, allowance, inducement, or any other method or attempt to encourage any person to acquire, possess, sell, purchase, or exchange said product. There is a rebuttable presumption that a product is for sale if it is in a location that contains other products which are offered for sale.
I. 
"Synthetically derived cannabinoid" means a substance that is derived from a chemical reaction that changes the molecular structure of any substance separated or extracted from the plant Cannabis sativa L.
J. 
"Tetrahydrocannabinol" or "THC" or "THC or comparable cannabinoid" is a cannabinoid found in cannabis and shall mean any of the following:
1. 
Tetrahydrocannabinolic acid.
2. 
Any tetrahydrocannabinol, including, but not limited to, Delta-8-tetrahydrocannabinol, Delta-9-tetrahydrocannabinol, and Delta-10-tetrahydrocannabinol, or other similar substances, however derived.
3. 
Any other cannabinoid, except cannabidiol, that the California Department of Cannabis Control has determined, under subdivision (b) of Section 111921.7 of the Health and Safety Code, or future legislation, to cause intoxication.
(SCC 1742, 10/22/2024)
A. 
It is unlawful for any person to maintain or operate any business in which, for the benefit of the business, Industrial Hemp is chemically or synthetically altered to have a concentration of more than 0.3 percent of tetrahydrocannabinol.
B. 
It is unlawful for a person, or business, to sell, advertise, offer to sale, or manufacture any synthetically derived cannabinoid product that contains THC or tetrahydrocannabinol concentrations of more than 0.3 percent.
(SCC 1742, 10/22/2024)
A. 
A violation of this chapter is unlawful and is hereby declared a misdemeanor and a public nuisance.
B. 
In addition to any other remedy allowed by law, any person who violates a provision of this chapter may be subject to criminal sanctions, civil actions, and a nuisance enforcement action pursuant to Title 16, Chapter 16.18 of this Code and as indicated in this section.
C. 
In addition to any other remedy allowed by law, any licensed business who violates a provision of this chapter may be subject to criminal sanctions, civil actions, and a nuisance enforcement action pursuant to Title 16, Chapter 16.18 of this Code. Violations of any provision of this chapter are also grounds for revocation of any General Business License, Tobacco Business License, or Special Business License under the same method as prescribed by Section 4.06.230, Section 4.07.115, or Section 4.10.135 of this Code.
1. 
If the Director revokes a business license for violation of this Chapter, the license holder shall have the same right to appeal as granted under the applicable governing Chapter, (including and limited to 4.06, 4.07, or 4.10) of this Code.
D. 
A violation of this chapter is further subject to an administrative penalty as follows:
1. 
$1,000 for the first violation;
2. 
$2,500 for the second violation within one year of the first violation; and
3. 
$5,000 for each additional violation within one year of the first violation.
E. 
In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(SCC 1742, 10/22/2024)
This Article is not the exclusive regulation for tetrahydrocannabinol or Industrial Hemp within the unincorporated area of the County. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction.
(SCC 1742, 10/22/2024)
A. 
In addition to any fines or penalties which may otherwise be levied by the County pursuant to this chapter, the County shall be entitled to recover from any person found to be in violation of any provision of this chapter, the County's full response costs.
B. 
For purposes of this chapter, the term "response costs" shall mean those reasonable and necessary costs directly incurred by the County for a response to a complaint, investigation, or inspection of acts prohibited under this section and shall include the cost of providing Sheriff, Code Enforcement, Licensing, and/or other County departments response and services to include, but not limited to:
1. 
Salaries, benefits, and overhead costs of staff for the full amount of time spent responding to, remaining at, or otherwise dealing with any act, and the administrative costs attributable to such responses, including any responsive investigations or case work as reasonably expected by the Director; and
2. 
The cost of repaying for any County equipment or property used in responding to, remaining at, or leaving the scene.
C. 
The failure of any person to timely pay either the response costs or the assessed administrative penalties constitute a debt to the County and may result in the matter being referred to Sacramento County Revenue Recovery, which may file a claim with the small claims court or, in the alternative, utilize any means within its power to collect the amount owed. The County may also pursue any other legal remedy to collect the fines.
D. 
Any person who fails to pay to the County any response costs or administrative penalty imposed pursuant to this chapter on or before the date such costs or penalty are due shall also be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees. Such collection costs are in addition to any required fees, penalties, interest and late charges.
E. 
Notwithstanding all of the procedures set forth in this section, the Director shall have the ability and discretion to enforce violations of this chapter, to impose necessary conditions, to forgive portions of a debt or penalty owed to the County under this chapter, and to coordinate collection and enforcement efforts with Revenue Recovery.
(SCC 1742, 10/22/2024)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portion of this chapter or any part thereof. The Board of Supervisors of the County of Sacramento 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 sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
(SCC 1742, 10/22/2024)