(1) 
The Federal Controlled Substances Act (21 U.S.C. Section 841 et seq.) makes it unlawful to manufacture, distribute, dispense or possess cannabis, and, accordingly, medical and nonmedical cannabis dispensaries and retail businesses are illegal under federal law;
(2) 
In 2013, Deputy U.S. Attorney General James Cole issued a memorandum to all federal prosecutors to provide guidance on the enforcement of the Federal Controlled Substances Act as it related to cannabis, indicating that enforcement would not be a priority in states and local jurisdictions that have laws authorizing cannabis-related conduct; that have implemented strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests; and that have provided the necessary resources to demonstrate the willingness to enforce their laws and regulations;
(3) 
In 2015, Congress began to defund enforcement of the Federal Controlled Substances Act in states where such enforcement activities would prevent states from implementing their own state laws that authorize the use, distribution, possession or cultivation of medical cannabis;
(4) 
The voters of the state of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 et seq., "The Compassionate Use Act of 1996" or "CUA"); the intent of Proposition 215 was to enable persons who are in need of cannabis for medical purposes to obtain and use it without fear of state criminal prosecution;
(5) 
On October 9, 2015, Governor Brown approved a series of bills commonly referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"), effective on January 1, 2016, which established a comprehensive state licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of medical cannabis, also known as marijuana; and which recognizes the authority of local jurisdictions to either impose additional restrictions or prohibit certain activities related to the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of medical cannabis;
(6) 
On November 8, 2016, the voters of the state of California approved Proposition 64, known as the "Control, Regulate and Tax Adult Use of Marijuana Act" ("AUMA"), which established a comprehensive state licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of recreational cannabis, also known as marijuana; and which recognized the authority of local jurisdictions to either impose additional restrictions or regulate or prohibit certain activities related to the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of recreational cannabis;
(7) 
On June 27, 2017, Governor Brown signed into law SB 94, a bill which, among other things, reconciled differences between MCRSA and AUMA, and established a new statutory framework regulating medical and nonmedical cannabis use, possession, cultivation and commercial activities in the state of California (referred to as "MAUCSRA");
(8) 
The city council of the city of Willows has recognized, and continues to recognize, the potential adverse impacts on the health, safety, and welfare of its residents and business from secondary effects associated with commercial cannabis activity, which include: offensive odors, trespassing, theft, violent encounters between growers and persons attempting to steal plants, fire hazards, increased crime in and about points of sale, robberies of customers, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents;
(9) 
There is a need to adopt health, safety, and welfare regulations to avoid or mitigate adverse impacts on the community which may arise from commercial cannabis activity;
(10) 
The MCRSA, AUMA and MAUCRSA set forth a comprehensive framework to regulate cannabis and cannabis products from seed to use or ingestion by a consumer, which includes uniform health and safety standards designed to implement quality control, a labeling and a track-and-trace program, and other consumer protections, which mitigates against some of the potential adverse impacts identified by the city council; and
(11) 
An effective regulatory system governing cannabis in the city of Willows as provided in this chapter, will address potential adverse impacts to the public health, welfare, and safety, thereby allowing commercial cannabis activity and other use of cannabis and cannabis products consistent with California law.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
It is the purpose and intent of this chapter for the city council to exercise its police powers derived from Section 7 of Article XI of the California Constitution and state law to promote the health, safety, and general welfare of the residents and businesses of the city of Willows by regulating cannabis activities within the city's jurisdictional limits, unless preempted by federal or state law.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
For purposes of this chapter, the following definitions shall apply:
"A-license"
means a license issued by the state of California for the sale of cannabis or cannabis products that are intended for adults who are 21 years of age and older and who do not possess a physician's recommendation.
"Applicant"
means a person who is required to file an application for a permit or license under this chapter, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a retail establishment or dispensary.
"AUMA"
refers to the California law entitled "Control, Regulate and Tax Adult Use of Marijuana Act of 2016," also known as Proposition 64, and any regulations promulgated thereunder.
"Cannabis"
means 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. The terms "cannabis" and "marijuana" may be used interchangeably herein, and both shall have the meaning specified here.
"Cannabis business"
means a business or enterprise engaged in any commercial cannabis activity.
"Cannabis business owner"
means any of the following:
(a) 
Each person or entity having an ownership interest in a commercial cannabis business other than a security interest, lien, or encumbrance on property that will be used by the commercial cannabis business.
(b) 
Each person or entity applying for a commercial cannabis license, or having an ownership interest in an entity applying for a commercial cannabis license, in the city of Willows.
(c) 
The chief executive officer of a nonprofit or other entity, or any person or entity with an aggregate ownership interest of five percent or more in such entity.
(d) 
A member of the board of directors of a nonprofit or other entity.
(e) 
Each person who participates in the direction, control, or management of the commercial cannabis business.
"Cannabis product"
means marijuana or 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 marijuana and other ingredients.
"Caregiver"
shall have the same meaning as "primary caregiver."
"Church"
means a structure or leased portion of a structure which is used primarily for religious worship and related religious activities.
"City"
means the city of Willows.
"Commercial cannabis activity"
includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, research and development, delivery or sale of cannabis or cannabis products for commercial purposes, whether for profit or nonprofit.
"Cultivation"
means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis.
"Cultivation site"
means a location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occurs.
"Customer"
means a natural person 21 years of age or older or a natural person 18 years of age or older who possesses a physician's recommendation, or a primary caregiver.
"Day care center"
has the same meaning as in Health and Safety Code Section 1596.76.
"Deliver" or "delivery"
shall have the same meaning as set forth in Business and Professions Code Section 26001 and Health and Safety Code Section 11009. "Deliver" or "delivery" as used in this chapter shall not include the transfer of cannabis to a patient by a primary caregiver, or the transfer of bulk cannabis or cannabis product by a transporter to or from a licensed dispensary or retail business for resale.
"Dispensary"
means a retail establishment, facility or location holding an M­license issued by the state of California where the primary purpose is to dispense medical cannabis or medical cannabis products. A "dispensary" shall not include dispensing of medical cannabis by primary caregivers to qualified patients in the following locations and uses, as long as the location of such uses is otherwise regulated by this code or applicable law: a qualified patient's or caregiver's place of residence, a clinic licensed pursuant to Health and Safety Code Division 2, Chapter 1, a health care facility licensed pursuant to Health and Safety Code Division 2, Chapter 2, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code Division 2, Chapter 3.01, a residential care facility for the elderly licensed pursuant to Health and Safety Code Division 2, Chapter 3.2, a residential hospice, or a home health agency licensed pursuant to Health and Safety Code Division 2, Chapter 8, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq.
"Juvenile" or "minor"
means any natural person who is under the age of 21 years.
"License"
means an authorization issued by the city of Willows, subject to all terms and conditions under which such license may be issued, authorizing a licensee to engage in the retail business of selling medical or nonmedical cannabis and cannabis products at a specified location within the city.
"Licensee"
means any person or entity holding a license to sell medical or nonmedical cannabis and cannabis products in the city under this chapter.
"M-license"
means a state of California license issued for commercial cannabis activity involving medicinal cannabis and cannabis products.
"Manufacture"
means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
"Marijuana"
as used in this chapter shall have the same meaning as "cannabis" set forth in this section.
"MAUCRSA"
means the Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017.
"MCRSA"
refers to the California law entitled Medical Cannabis Regulation and Safety Act.
"Medicinal or medical cannabis" or "medicinal or medical cannabis product"
means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses an identification card issued by the California Department of Public Health, Glenn County department of public health, or a physician's recommendation.
"Owner"
means the title holder to a parcel of real estate.
"Permit"
refers to an authorization issued by the city to a person as described in Article III to cultivate cannabis for personal use.
"Permittee"
means any natural person holding a permit issued by the city to engage in cultivation of not more than six cannabis plants in accordance with Article III.
"Person"
includes any individual, firm, partnership, joint venture, association, corporation, collective, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
"Physician's recommendation"
means a recommendation by a physician and surgeon that a patient may use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section 11362.5.
"Premises"
means the designated structure or structures and land specified in an application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee. "Premises" shall also mean the designated residence structure or structures and land specified in an application where the applicant cultivates cannabis for his or her personal use.
"Primary caregiver"
has the same meaning as in Health and Safety Code Section 11362.7 and who holds a valid caregiver identification card issued by the California Department of Health or the Glenn County department of public health.
"Purchaser"
means the customer who is engaged in a transaction with a licensee for purposes of obtaining cannabis or cannabis products.
"Retail"
means the sale of either medical or nonmedical cannabis or cannabis products to the public in relatively small quantities for use or consumption rather than for resale.
"Retail business" or "retail/dispensary cannabis business"
means (a) the commercial activity of engaging in the retail sales of cannabis or cannabis products, or (b) the location upon or from which the retail sales of cannabis or cannabis products are made.
"School"
means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, or a site that is planned for such school uses in the city's general plan, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.
"Sell,"
"sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another in exchange for payment.
"Youth-oriented facility"
shall mean elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a licensed daycare or preschool facility that provides supervision of eight or fewer minor children, or children under 10 years of age.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)
Persons 21 years of age or older may possess, obtain, purchase and transport, without receiving any compensation in any form whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis, or not more than eight grams of concentrated cannabis, including cannabis products.
(Ord. 736-17 § 7 (Exh. B), 11-28-2017)