The city council finds that federal laws prohibiting the possession, sale and distribution of marijuana would preclude the opening of marijuana dispensaries sanctioned by the city, and in order to serve the public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this chapter is to prohibit marijuana dispensaries, marijuana deliveries, and commercial marijuana activities as stated in this chapter.
(Ord. 291 § 1, 2009; Ord. 342 § 2, 2016; Ord. 355 § 1, 2017)
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
“AUMA”
means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.
“Commercial marijuana activity”
is the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products. Commercial marijuana activity includes the activities of any business licensed by the state or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time. However, the planting, cultivation, harvesting, drying, curing, grading, trimming or processing of no more than six marijuana plants consistent with Section 11362.1 et seq., of the Health and Safety Code shall not be considered commercial marijuana activity provided it meets the following requirements:
1. 
The marijuana cultivation cannot occur outdoors.
2. 
The marijuana cultivation may only occur at a private residence, or inside a “fully enclosed and secure accessory structure” located upon the grounds of a private residence.
“Concentrated cannabis”
shall have the same meaning as “cannabis concentrate” as defined in Business and Professions Code Section 19300.5, as the same may be amended from time to time.
“Cultivation”
is any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana.
“Delivery”
is the commercial transfer of marijuana or marijuana products to a customer and also includes the use of any technology platform by a retailer owned and controlled by the retailer, or independently licensed under California law, that enables, arranges for, or facilitates the commercial transfer by a licensed retailer of marijuana or marijuana products. “Delivery” shall also be construed to include, but not be limited to, all “delivery” activities as defined in Business and Professions Code Section 19300.5(m) as may be amended from time to time.
“Dispensary”
is any facility, location, vehicle, or activity whereby marijuana, marijuana products, or devices for the use of marijuana are offered, either individually or in any combination, for retail sale, whether mobile or stationary, including an establishment that delivers marijuana and marijuana products as part of a retail sale. The term “dispensary” shall be construed to include, but not be limited to, all “dispensary” and retail facilities as defined in Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time. The term “dispensary” shall be broadly and liberally interpreted to achieve the purpose of this chapter.
“Distribution”
is the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
“Fully enclosed and secure accessory structure”
means any building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
“Manufacture”
means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
“Marijuana”
is 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. “Marijuana” also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. “Marijuana” shall be construed to include, but not be limited to, “cannabis” as defined in Business and Professions Code Section 19300.5(f) as may be amended from time to time. It does not include:
1. 
Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or
2. 
The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
“Marijuana product”
means marijuana 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 marijuana or concentrated cannabis and other ingredients.
“MCRSA”
means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.
“Outdoors”
means any location that is not within a fully enclosed and secure structure.
“Person”
includes any individual, firm, co-partnership, joint venture, association, corporation, 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.
“Private residence”
means a house, an apartment unit, a mobile home, or other similar dwelling, whether legal and conforming to the underlying zoning, or legal and nonconforming to the underlying zoning, that is currently in use as a residence.
(Ord. 291 § 1, 2009; Ord. 342 § 3, 2016; Ord. 355 § 1, 2017)
A. 
It is unlawful for any person to own, manage, conduct, or operate any marijuana dispensary, or to participate as an employee, contractor, agent, or volunteer, in any manner or capacity, in any marijuana dispensary in the city. No marijuana dispensary shall locate, commence, or be allowed in any land use district, or on any parcel, or at any place, public or private, within the city.
B. 
It is unlawful for any person to own, manage, conduct, or operate any marijuana delivery service, or to participate as an employee, contractor, agent, or volunteer, in any manner or capacity, in any marijuana delivery service in the city. No marijuana delivery service shall locate, commence, or be allowed in any land use district, or on any parcel, or at any place, public or private, within the city.
C. 
It is unlawful for any person to make, arrange for, facilitate, or otherwise participate in marijuana deliveries to or from the city, whether or not the delivery commenced in the city.
D. 
It is unlawful for any person to own, manage, conduct, operate, or otherwise participate in commercial marijuana activity. No commercial marijuana activity shall locate, commence, or be allowed in any land use district, or on any parcel, or at any place, public or private, within the city. The city shall not issue any permit, license or other entitlement for any commercial marijuana activity for which a state license is required under the MCRSA or the AUMA. The city shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code Section 26070.5. The prohibitions set forth in this section shall not apply to any conduct allowable under local law pursuant to Health and Safety Code Section 11362.1.
E. 
A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana 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 marijuana activity on any real property owned or controlled by that property owner that is located in the city.
This section shall be read and interpreted in conjunction with Section 84.0905 of the Yucaipa Development Code. It is the intent of the city council to prohibit all commercial marijuana activities and uses in the city, that are not otherwise preempted by state law, and for the state of California to not issue state licenses for such activities to operate in the city.
(Ord. 291 § 1, 2009; Ord. 342 § 4, 2016; Ord. 355 § 1, 2017)
A. 
Any commercial marijuana activity, use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be unlawful and may be abated by the city pursuant to Chapter 8.16 of this code. The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. Any violation of the provisions of this chapter may also be subject to administrative remedies, as set forth in Chapter 1.13 of this code.
B. 
Notwithstanding the penalties set forth in subsection A, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or Section 11362.1 et seq., as the same may be amended from time. In the event of any conflict between the penalties enumerated under Chapter 5.30, Chapter 8.16, Chapter 1.13 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. 291 § 1, 2009; Ord. 355 § 1, 2017)