TITLE V—SANITATION & HEALTH

CHAPTER 10.1—NONMEDICAL MARIJUANA USE AND REGULATION

Sec. 5960 Commercial Nonmedical Marijuana Activity.

The cultivation, distribution, transport, storage, manufacturing, processing and sale of marijuana and marijuana products within the City of Arcata for nonmedical commercial purposes is prohibited unless expressly permitted by and consistent with the Arcata Land Use Code and all applicable laws. (Ord. 1478, eff. 11/4/2016)

Sec. 5961 Personal Use Nonmedical Marijuana Cultivation.

The cultivation of nonmedical marijuana for personal use is permitted subject to all applicable laws and all of the following restrictions:

A.    No more than six (6) living plants may be planted, cultivated, harvested, dried, or processed within a single private residence or upon the grounds of that private residence at any one time.

B.    The cultivation area shall not exceed one hundred (100) square feet.

C.    All indoor cultivation shall occur within a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. (Ord. 1478, eff. 11/4/2016)

Sec. 5962 Definitions.

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Chapter, are defined as follows:

A.    "Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include (1) industrial hemp, as defined in Health and Safety Code Section 11018.5; or (2) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

B.    "Marijuana products" 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.

C.    "Commercial purposes" means engaged in a commercial business or enterprise. (Ord. 1478, eff. 11/4/2016)