Chapter 36.20 PROHIBITED MARIJUANA ACTIVITIES

Chapter 36.20
PROHIBITED MARIJUANA ACTIVITIES

Sections:

36.20.010 Legislative findings and statement of purpose.

A. The City Council finds that the prohibitions on commercial marijuana activities, marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the City and its community and are consistent with federal law that makes the manufacture, possession, or use of marijuana to be a crime. The City Council’s prohibition of such activities is within the authority conferred upon the City Council by Federal and State law.

B. On October 9, 2015, the Governor signed the “Medical Cannabis Regulation and Safety Act” (“MCRS Act”) into law. The Act became effective January 1, 2016, and contains new statutory provisions that allow local agencies to regulate or ban the cultivation, storage, manufacture, transport, provision, or other related activities pertaining to medical marijuana.

C. The City Council finds that the State is not allowed to issue a license for the cultivation of medical marijuana within the City because Health and Safety Code Section 11362.777(b)(3) provides that the Department of Food and Agriculture may not issue a State license to cultivate medical marijuana within a city that prohibits cultivation under principles of permissive zoning. Pursuant to CMC 86.02.050, uses not expressly permitted are prohibited and cultivation is not currently allowed in Coronado as it is not specifically permitted by the Zoning Code.

D. The City Council finds that this chapter is necessary to address certain public health, safety, and welfare concerns by prohibiting the cultivation of marijuana in the City, whether for personal use or by a collective or dispensary, and the delivery of marijuana in the City.

E. On November 8, 2016, the State voters approved the Adult Use of Marijuana Act, also identified as Proposition 64 (“Prop 64”). Prop 64 legalized adult nonmedical use of marijuana and established a State licensing scheme for nonmedical marijuana facilities largely patterned on the MCRS Act, and generally: (1) allows adults 21 years and older to possess up to one ounce of marijuana and cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of marijuana for adult use; (3) allows local regulation and taxation of marijuana; (4) prohibits smoking marijuana in places where smoking tobacco is prohibited; and (5) rewrites criminal penalties so as to reduce the most common marijuana felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to the MCRS Act, allows cities and counties to prohibit the establishment of nonmedical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions. (Ord. 2071 § 2, 2017; Ord. 2054 § 2, 2016)

36.20.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Caregiver” or “primary caregiver” shall have the same meaning as set forth in Health and Safety Code Section 11362.7 as the same may be amended from time to time.

B. “Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.

C. “Cultivation” includes the growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.

D. “Delivery” means the commercial transfer of marijuana or marijuana products to a customer, qualified patient, or primary caregiver. “Delivery” also includes the use by a marijuana dispensary or retailer of any technology platform owned and controlled by a marijuana dispensary or retailer that enables customers, qualified patients, or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary or retailer of marijuana or marijuana products.

E. “Marijuana” or “cannabis” means any or all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term “marijuana” shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

F. “Marijuana processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale including, but not limited to, drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana-related products and concentrates.

G. “Marijuana dispensary” or “marijuana dispensaries” means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers, whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells, or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

H. “Medical marijuana collective” or “cooperative or collective” means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act). (Ord. 2071 § 2, 2017; Ord. 2054 § 2, 2016)

36.20.030 Prohibited activities.

A. It is unlawful for any person or business to engage in commercial marijuana activities of any type in all zones and in all specific plan areas. No person shall establish, operate, conduct, or allow a commercial marijuana activity anywhere within the City.

B. It is unlawful for any person or business to engage in the cultivation of marijuana, including cultivation by a qualified patient or a primary caregiver that is exempt from State licensing requirements, in all zones and in all specific plan areas in the City. No person, including a qualified patient or primary caregiver, shall cultivate any amount of marijuana in the City, even for medical purposes.

C. To the extent not already covered by subsections A and B of this section, it is unlawful to deliver any amount of marijuana within the City except for personal use by a qualified patient or for delivery by a primary caregiver to a qualified patient for personal use as provided in Business and Professions Code Section 19319 and Health and Safety Code Section 11362.765(b). With the exception noted above, no person shall conduct any deliveries that either originate or terminate within the City.

D. It is unlawful to establish or operate a marijuana dispensary, medical marijuana collective, or any other business establishment associated with any type of commercial marijuana activity within the City.

E. This section is meant to prohibit all commercial or medical marijuana activities in the City except where the City is preempted by Federal or State law from enacting a prohibition on any such activity. Accordingly, the City shall not issue any permit, license, or other entitlement for any commercial or medical marijuana activity for which a State license is required under any State law, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by Federal or State law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. (Ord. 2071 § 2, 2017; Ord. 2054 § 2, 2016)

36.20.040 Public nuisance.

Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 2071 § 2, 2017; Ord. 2054 § 2, 2016)

36.20.050 Violations.

To the extent not preempted by State law, any person or business that violates any provision of this chapter shall be subject to the enforcement provisions of Chapters 1.08 and 1.10 CMC. (Ord. 2071 § 2, 2017; Ord. 2054 § 2, 2016)