Chapter 9.50
CANNABIS PROHIBITIONS AND REGULATIONS
Sections:
9.50.020 Prohibited activities.
9.50.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“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” includes cannabis that is used for medical, adult use, or other purposes. “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” also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.
“Cannabis 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 the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, adult use, or any other purpose and includes the activities of any business licensed by the state or other government entity under California Business and Professions Code Division 10, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code Section 11362.765.
“Concentrated cannabis” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate.
“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.
“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under California Business and Professions Code Division 10, as the same may be amended from time to time.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
“MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Business and Professions Code Division 10, as the same may be amended from time to time.
“Person” means any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, nonprofit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term “person” shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring.
“Primary caregiver” shall have the same meaning as is defined in California Health and Safety Code Section 11362.7(d), as the same may be amended from time to time.
“Qualified patient” means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, as the same may be amended from time to time. [Ord. 353 § 5, 2017; Ord. 341 § 6, 2016; Ord. 341-U § 7, 2016.]
9.50.020 Prohibited activities.
Subject to the exceptions set forth in CMC 9.50.030, the following activities are prohibited in the city:
A. Commercial cannabis activity, whether or not for profit, is prohibited in the city. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the city.
B. 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.
C. Subsection (A) of this section shall prohibit all activities for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time.
D. Subject to the exceptions set forth in CMC 9.50.030, and to the extent not already prohibited by subsection (A) of this section, all deliveries of cannabis or cannabis products, to or from any location, are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. [Ord. 353 § 5, 2017; Ord. 341 § 6, 2016; Ord. 341-U § 7, 2016.]
9.50.030 Exceptions.
A. The delivery of cannabis to a qualified patient or a primary caregiver from a business located outside the city and licensed under the MAUCRSA or any other provision of law that permits state licenses for medical cannabis businesses, shall be permitted into the city.
B. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
C. To the extent required by state law, nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code Section 11362.1.
D. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant Business and Professions Code Section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. [Ord. 353 § 5, 2017.]
9.50.040 Violation – Penalty.
In addition to any other enforcement permitted by this chapter, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in CMC 1.20.010, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under CMC 1.20.010 and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. [Ord. 353 § 5, 2017.]