A. 
"Cannabis"
has the meaning set forth in Business and Professions Code Section 26001(f) as of the effective date of this chapter and includes all 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. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
B. 
"Commercial cannabis activity"
has the meaning set forth in Business and Professions Code Section 26001(k) as of the effective date of this chapter and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, delivery, or sale of cannabis and cannabis products.
C. 
"Cultivation"
has the meaning set forth in Business and Professions Code Section 26001(l) as of the effective date of this chapter and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
D. 
"Medicinal cannabis" or "medicinal cannabis product"
has the meaning set forth in Business and Professions Code Section 26001(ai) as of the effective date of this chapter and includes cannabis or cannabis products intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
E. 
"Medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers"
means any facility or location where medicinal cannabis is made available to and/or distributed in exchange for compensation by or to two or more of a "primary caregiver," a "qualified patient," or a person with an "identification card," as these terms are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as of the effective date of this chapter.
F. 
"Primary caregiver"
shall have the meaning set forth in Health and Safety Code Sections 11362.5(e) and 11362.7(d) as of the effective date of this chapter.
G. 
"Qualified patient"
shall have the meaning set forth in Health and Safety Code Section 11362.7(f) as of the effective date of this chapter.
(Ord. 2017-09 § 3 (Exh. A), 2017)
The purpose and intent of this chapter is to prohibit any commercial cannabis activities, cooperatives, collectives, dispensaries, operators, establishments and providers, and to regulate cannabis cultivation, as defined above, within the City limits.
(Ord. 2017-09 § 3 (Exh. A), 2017)
A. 
Commercial cannabis activities are prohibited in all areas of the City. No person or entity may establish or engage in commercial cannabis activities within City limits. A property owner may not allow its property to be used by any person or entity for commercial cannabis activities.
B. 
The delivery of cannabis to any person within the City limits is prohibited, except for deliveries of medical cannabis by a primary caregiver to one of the primary caregiver's qualified patients as permitted by Business and Professions Code Section 26033 as of the effective date of this chapter.
(Ord. 2017-09 § 3 (Exh. A), 2017)
Medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers are prohibited in all areas of the City. No person or entity may own, establish, open, operate, conduct, manage, or establish medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers. A property owner may not allow their property to be used by any person or entity for medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers.
(Ord. 2017-09 § 3 (Exh. A), 2017)
A. 
All cannabis cultivation within City limits is prohibited except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry.
B. 
If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence.
C. 
Persons cultivating cannabis in a residence shall comply with all applicable Building Code requirements set forth in the Carmel-by-the-Sea Municipal Code.
D. 
There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.
E. 
All private cultivation under this section shall comply with Health and Safety Code Section 11362.2 as of the effective date of this chapter.
(Ord. 2017-09 § 3 (Exh. A), 2017)
Smoking and vaporizing of cannabis and cannabis products is prohibited in all public places and any place that is open to the public.
(Ord. 2017-09 § 3 (Exh. A), 2017)
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter is a public nuisance and may be summarily abated by the City pursuant to the Code of Civil Procedure Section 731, or by any other remedy available to the City.
(Ord. 2017-09 § 3 (Exh. A), 2017)
Any person who violates any provision of this chapter is guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and may be penalized accordingly.
(Ord. 2017-09 § 3 (Exh. A), 2017)
Any violation of this chapter is declared to be a public nuisance per se and contrary to the public interest and will, at the discretion of the City, be subject to a cause of action for injunctive relief.
(Ord. 2017-09 § 3 (Exh. A), 2017)