In response to recent changes in the state law, the purpose of this chapter is to expressly prohibit the establishment of commercial cannabis activities in the city, prohibit the outdoor cultivation of cannabis, and to apply reasonable regulations to the indoor personal cultivation of cannabis that is authorized under the state. The city council finds that prohibitions on commercial cannabis activity and the outdoor cultivation of cannabis are necessary for the preservation and protection of the public health, safety and welfare of the city. The prohibition of such uses and the application of reasonable indoor personal cultivation regulations is within the authority conferred upon the city council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the city. Nothing in this chapter shall be interpreted to conflict with state law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), as may be amended. Nothing in this section is intended to prohibit a primary caregiver from providing medical cannabis to a qualified patient as those terms are defined by state law.
(Ord. 725 § 2, 2017)
As used in this chapter:
“Cannabis,” or “marijuana,”
shall mean 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” or “marijuana” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” or “marijuana” also includes cannabis that is used for medical, nonmedical, or other purposes. “Cannabis” or “marijuana” 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 case, or the sterilized seed of the plant which is incapable of germination. “Cannabis” or “marijuana” also does not include industrial hemp, as defined in Cal. Health & Safety Code § 11018.5.
“Cannabis/marijuana accessories”
means any equipment, products or materials of any kind which are intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
“Cannabis/marijuana product”
means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Commercial cannabis activity”
means cultivation, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, packaging, or sale of cannabis or cannabis products for medical and nonmedical use or any other purpose and includes the activities of any business licensed by the state or other government entity under Cal. Bus. & Prof. Code Division 10, or any provision of state law that regulates the licensing of cannabis businesses.
“Concentrated cannabis”
means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. “Concentrate” includes resin from granular trichomes from a cannabis plant.
“Cultivation”
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Delivery”
means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer. The term “delivery” does not include the distribution of cannabis from a mobile marijuana dispensary.
“Director”
shall mean the city’s planning and building director, or his/her designee.
“Dispensary”
means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale.
“Manufacture”
means to compound, blend, extract, infuse, or otherwise prepare a cannabis product.
“MAUCRSA”
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Cal. Bus. & Prof. Code Division 10, as the same may be amended from time to time.
“Mobile marijuana dispensaries”
means any dispensary, clinic, cooperative, association, club, business or group which transports or delivers, or arranges the transportation or delivery, of cannabis to a person.
“Person”
means any individual, firm, corporation, association, club, society, or other organization. The term “person” shall include any owner, manager, proprietor, employee, volunteer, or salesperson.
“Personal marijuana cultivation”
means cultivation of six or fewer live cannabis plants within a single private residence or accessory structure in accordance with Cal. Health & Saf. Code § 11362.2.
“Personal marijuana cultivation site”
means the private residence at which personal marijuana cultivation is occurring under the provisions of this chapter, or the property on which the private residence exists.
“Primary caregiver”
shall have the same definition as Cal. Health & Saf. Code §§ 11362.5 and 11362.7 et seq., as may be amended.
“Private residence”
means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
“Qualified patient”
shall have the same definition as Cal. Health & Saf. Code §§ 11362.5 and 11362.7 et seq., as may be amended.
(Ord. 716 § 1, 2016. Formerly 18.73.010; Ord. 725 § 2, 2017)
A. 
Commercial cannabis activities of all types are expressly prohibited in all zones within the city’s jurisdictional limits. No person shall establish, operate, conduct, or allow a dispensary or commercial cannabis activity anywhere within the city. To the extent that this prohibition conflicts with any other provision of this code, this prohibition shall control.
B. 
A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district in the city. No use permit, building permit, variance or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
C. 
Mobile marijuana dispensaries are prohibited in all zones within the city’s jurisdictional limits. No person shall:
1. 
Locate, operate, own, suffer, allow to be operated or aid, abet or assist in the operation of any mobile marijuana dispensary within the city;
2. 
Deliver marijuana to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose; or
3. 
Deliver any cannabis product, including, but not limited to, tinctures, baked goods, or other consumable products, to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose.
D. 
This section is meant to prohibit all activities for which a state license is required pursuant to the MAUCRSA. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the MAUCRSA. The city shall also not issue any local license for any activity for which a state license is required under the MAUCRSA to a nonprofit entity pursuant to Cal. Bus. & Prof. Code § 26070.5.
E. 
A property owner shall not rent, lease or otherwise permit any person or business that engages in commercial cannabis activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the city.
F. 
To the extent not already prohibited by subsection A of this section, all deliveries of cannabis or cannabis products for nonmedicinal purposes, to or from any location, are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products for a nonmedical purpose, which delivery either originates or terminates within the city. This subsection shall not prevent transportation of cannabis or cannabis products on public roads through the city to and from locations outside the city by a state licensee transporting cannabis or cannabis products in compliance with Cal. Bus. & Prof. Code §§ 26080 and 26090. This subsection shall also not prohibit a delivery of cannabis or cannabis products for medicinal purposes as set forth in PVEMC § 18.73.060.
(Ord. 716 § 1, 2016. Formerly 18.73.020; Ord. 725 § 2, 2017)
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be abated by the city pursuant to Chapter 8.48 PVEMC.
(Ord. 716 § 1, 2016. Formerly 18.73.030; Ord. 725 § 2, 2017)
A. 
At the discretion of the city prosecutor, any violation of this chapter is punishable as an infraction pursuant to PVEMC § 1.16.010(C). Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant to state law shall be made criminal by this chapter.
B. 
The city council shall establish a schedule of administrative fines for violation of this chapter.
(Ord. 725 § 2, 2017)
A. 
Notwithstanding PVEMC § 18.73.030, the delivery of medical cannabis to qualified patients with valid identification cards or a verifiable written recommendation from a physician for medical cannabis, and primary caregivers with a valid identification card, is permitted from a dispensary (licensed under the MAUCRSA) with a fixed location operating outside of the city or a primary caregiver cultivating within the boundaries of the city. This exception does not include deliveries made by mobile marijuana dispensaries, as the term is defined in PVEMC § 18.73.020.
B. 
To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person twenty-one years of age or older from:
1. 
Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, not more than twenty-eight and one-half grams of cannabis not in the form of concentrated cannabis;
2. 
Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty-one years of age or older, without compensation whatsoever, up to eight grams of cannabis in the form of concentrated cannabis;
3. 
Smoking or ingesting cannabis or cannabis products except as prohibited by Cal. Health & Saf. Code § 11362.3;
4. 
Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty-one years of age or older without compensation whatsoever; or
5. 
Engaging in the personal indoor cultivation of six or fewer live cannabis plants pursuant to the requirements outlined in PVEMC § 18.73.070.
C. 
Any commercial cannabis activity that the city is required by state law to permit within its jurisdiction shall not be prohibited by the provisions of this chapter.
D. 
A qualified patient or primary caregiver who cultivates, possesses, stores, manufactures, or transports cannabis exclusively for his or her personal medical use, or the personal use of the caregiver’s qualified patient, but who does not provide, donate, sell, or distribute cannabis to any other person is not thereby engaged in commercial cannabis activity.
(Ord. 725 § 2, 2017)
Personal marijuana cultivation is only permitted in the city’s residential (R-1 and R-M) and commercial (C) zones when all of the following conditions and standards are met:
A. 
Property. Personal marijuana cultivation is permitted only on parcels with residential units. A person engaging in personal marijuana cultivation shall not participate in marijuana cultivation in more than one location within the city. Personal marijuana cultivation activities may only occur within a private residence or enclosed accessory structure. If in the garage, adequate space shall be provided in the garage for the required number of parking spaces, pursuant to PVEMC § 18.04.030. Personal marijuana cultivation activities shall not occur at any personal marijuana cultivation site without the express written permission of the property owner and the homeowners’ association, if one exists.
B. 
Visibility. From the public right-of-way, there shall be no exterior evidence or visibility of personal marijuana cultivation. All personal marijuana cultivation authorized by this section shall be conducted inside a private residence.
C. 
Security. Any personal marijuana cultivation site used for personal marijuana cultivation shall be secured with locks to prevent unauthorized entry and/or theft, and remain secure at all times. Any personal marijuana cultivation site used for indoor personal marijuana cultivation (either in a private residence or enclosed accessory structure) shall also have a working security system which consists of a standard audible residential alarm in compliance with Chapter 8.08 PVEMC (Burglary and Robbery Alarm Systems).
D. 
Code Compliance. The personal marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products or waste. The personal marijuana cultivation site shall be in full compliance with the city building code, electrical code, mechanical code, plumbing code, fire code and any other requirement found in PVEMC Title 8 or 15.
E. 
Number of Plants. Personal marijuana cultivation shall not exceed six living marijuana plants of any size per parcel. The maximum number of plants shall be limited regardless of the number of persons residing on the property.
F. 
Cultivation Area. Personal marijuana cultivation may only occur within a cumulative area totaling no larger than fifty square feet per parcel.
G. 
Electricity Use. The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the primary legal residence at the personal marijuana cultivation site. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel. Gas products (including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be used for the personal marijuana cultivation. Any lighting fixture used for personal marijuana cultivation shall not exceed the rated wattage and capacity of the circuit breaker and shall be shielded so as to completely confine light and glare to the interior of the private residence.
H. 
Ventilation. Any indoor location used for personal marijuana cultivation (either in a private residence or enclosed accessory structure) must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure, or unit in the case of a multifamily building, and shall comply with all applicable building code regulations, including obtaining all required permits and approvals for the ventilation and filtration system. The ventilation and filtration system must be approved by the building official, or designee, and installed prior to the commencement of personal marijuana cultivation activities. Personal marijuana cultivation shall not create humidity or mold within the private residence in violation of the building code, as adopted by the city, or the city’s health and safety regulations, as codified in PVEMC Titles 8 and 15.
I. 
Residential Structure. The primary residence shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
(Ord. 725 § 2, 2017)
The city manager and/or his/her designee are hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.
(Ord. 725 § 2, 2017)