Chapter 18.66
MEDICAL CANNABIS AND MARIJUANA1

Sections:

Article I. Medical Cannabis and Marijuana

18.66.010    Definitions.

18.66.020    Prohibition.

Article II. Nonmedical Marijuana and Cultivation

18.66.030    Definitions.

18.66.040    Prohibition.

Article III. Personal Cultivation

18.66.050    Definitions.

18.66.060    Outdoor cultivation.

18.66.070    Indoor cultivation – Regulations and permit for residential zones.

Article IV. Violations and Remedies

18.66.080    Violation.

18.66.090    Violation – Misdemeanor.

18.66.100    Public nuisance.

18.66.110    Civil penalties.

Article I. Medical Cannabis and Marijuana

18.66.010 Definitions.

For purposes of this Article I, which relates to cannabis for medical purposes as authorized by the Medical Marijuana Regulation and Safety Act, the following definitions shall apply:

“Cannabis” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(f) as the same may be amended from time to time.

“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.

“Commercial cannabis activity” shall have the same meaning as that set forth in Business and Professions Code Section 19300.5(j) as the same may be amended from time to time.

“Cooperative” shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available medical marijuana, with or without compensation.

“Cultivation” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(k) as the same may be amended from time to time.

“Cultivation site” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(l) as the same may be amended from time to time.

“Delivery” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(m) as the same may be amended from time to time.

“Dispensary” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(n) as the same may be amended from time to time. For purposes of this chapter, “dispensary” shall also include a cooperative.

“Dispensary” shall not include the following uses:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;

3. A residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; and

5. A residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

“Dispensing” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(o) as the same may be amended from time to time.

“Distribution” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(p) as the same may be amended from time to time.

“Distributor” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(q) as the same may be amended from time to time.

“Manufacturer” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(ad) as the same may be amended from time to time.

“Manufacturing site” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(ae) as the same may be amended from time to time.

“Medical cannabis,” “medical cannabis product,” or “cannabis product” shall have the same meanings as set forth in Business and Professions Code Section 19300.5(af) as the same may be amended from time to time.

“Medical Marijuana Regulation and Safety Act” or “MMRSA” shall mean the following bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 246, and SB 643.

“Nursery” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(ag) as the same may be amended from time to time.

“Qualifying patient” or “qualified patient” 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.

“Testing laboratory” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(ak) as the same may be amended from time to time.

“Transport” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(am) as the same may be amended from time to time.

“Transporter” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(an) as the same may be amended from time to time. (Ord. 1771 § 2 (part), 2017: Ord. 1764 § 3 (part), 2016)

18.66.020 Prohibition.

A. Commercial cannabis activities of all types are expressly prohibited in all zones in the city of Gardena. No person shall establish, operate, conduct, or allow a commercial cannabis activity anywhere within the city.

B. To the extent not already covered by subsection A of this section, all deliveries of medical cannabis are expressly prohibited within the city of Gardena. No person shall conduct any deliveries that either originate or terminate within the city.

C. This section is meant to prohibit all activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the MMRSA.

D. Except as provided in Article III, cultivation of cannabis for noncommercial purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all zones in the city of Gardena. (Ord. 1771 § 2 (part), 2017: Ord. 1764 § 3 (part), 2016)

Article II. Nonmedical Marijuana and Cultivation

18.66.030 Definitions.

For purposes of this Article II, which relates to the nonmedical use of marijuana as authorized by the Adult Use of Marijuana Act, the following definitions shall apply:

“AUMA” shall mean the Control, Regulate and Tax Adult Use of Marijuana Act (the “Adult Use of Marijuana Act”) identified as Proposition 64 on the November 8, 2016, general election ballot, as the same may be amended from time to time.

“Commercial marijuana activity” shall include the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of nonmedical marijuana and marijuana products. Where applicable, the definitions set forth in Business and Professions Code Section 26001 shall apply as the same may be amended from time to time.

“Marijuana” shall have the same meaning as set forth in Health and Safety Code Section 11018 as the same may be amended from time to time.

“Private residence” shall mean a house, an apartment unit, a mobile home, or other similar dwelling. (Ord. 1771 § 2 (part), 2017)

18.66.040 Prohibition.

A. Commercial marijuana activities of all types are expressly prohibited in all zones in the city of Gardena. No person shall establish, operate, conduct, or allow a commercial marijuana activity anywhere within the city.

B. To the extent not already covered by subsection A of this section, all deliveries of marijuana are expressly prohibited within the city of Gardena. No person shall conduct any deliveries that either originate or terminate within the city.

C. This section is meant to prohibit all activities for which a state license is required under AUMA. Accordingly, the city shall not issue any permit, license, or other entitlement for any activity for which a state license is required under the AUMA.

D. Except as provided in Article III, cultivation of marijuana for noncommercial purposes is expressly prohibited in all zones in the city of Gardena. (Ord. 1771 § 2 (part), 2017)

Article III. Personal Cultivation

18.66.050 Definitions.

For purposes of this Article III, the following definitions shall apply:

A. “Authorized grower” means a person twenty-one years and older who is authorized by, and in compliance with, state law to cultivate marijuana indoors for personal use, including medical use, and who has obtained a permit from community development to cultivate plants for personal use in accordance with AUMA.

B. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof.

C. “Fully enclosed and secure structure” means a fully enclosed space within a building that complies with the California Building Code (“CBC”), as adopted by the city of Gardena, or if exempt from the permit requirements of the CBC, that has a complete roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of the mil or inches, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the building and construction codes as adopted by the city of Gardena. If skylights are used, security bars shall be added to the skylights.

D. “Immature marijuana plant” means a marijuana plant, whether male or female, that has not yet flowered and which does not yet have buds that are readily observed by unaided visual examination.

E. “Mature marijuana plant” means a marijuana plant, whether male or female, that has flowered and which has buds that are readily observed by unaided visual examination.

F. “Outdoor” means any location within the city of Gardena that is not within a fully enclosed and secure structure.

G. “Private residence” means a house, apartment unit, mobile home, or other similar dwelling unit. (Ord. 1771 § 2 (part), 2107)

18.66.060 Outdoor cultivation.

No outdoor cultivation of marijuana plants shall be allowed in the city of Gardena, even for personal use. (This section shall be of no further force or effect and shall be deemed repealed upon a determination by the California Attorney General that nonmedical use of marijuana is lawful in the state of California under federal law.) (Ord. 1771 § 2 (part), 2017)

18.66.070 Indoor cultivation – Regulations and permit for residential zones.

A. Notwithstanding anything in Article I or II to the contrary, an authorized grower shall be allowed to cultivate marijuana for personal use only within a private residence or a fully enclosed and secure accessory structure to a private residence, in a residential zone, subject to the following regulations in addition to all regulations set forth in AUMA:

1. The marijuana cultivation area shall be contained within one single room.

2. The marijuana plants shall not come within twelve inches of the ceiling or any cultivation lighting.

3. Marijuana cultivation lighting shall not exceed one thousand two hundred watts in total for the total cultivation area within the residence.

4. The use of gas products such as but not limited to CO2, butane, methane, or any other flammable or nonflammable gas for marijuana cultivation or processing is prohibited.

5. There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence or accessory structure from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, and any light emanating from cultivation lighting.

6. The authorized grower shall reside full-time in the residence where the marijuana cultivation occurs.

7. The authorized grower shall not participate in marijuana cultivation in any other location within the city.

8. The residence shall include fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident authorized grower, and the premises shall not be used primarily or exclusively for marijuana cultivation.

9. The marijuana cultivation area shall be in compliance with the provisions of the applicable building and construction codes as set forth in Title 15. The building official may impose additional conditions to meet such codes if necessary, including but not limited to installation of fire suppression sprinklers.

10. The marijuana cultivation area shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes.

11. No more than six marijuana plants, mature or immature, may be planted, cultivated, harvested, dried, or processed within a single private residence at one time.

12. The marijuana plants and any marijuana in excess of 28.5 grams produced by plants must be kept in a locked space on the grounds of the private residence which space is not visible from the public right-of-way by normal unaided vision.

B. No person shall cultivate marijuana in any private residence unless and until such person first secures a permit from community development and pays such fee as may be required and set forth by resolution of the city council.

C. The permit application shall be in a form approved by the city and shall, at a minimum, include:

1. The person’s name and date of birth as verified by a valid driver’s license, state-issued identification card, or passport;

2. A site plan of the residence and accessory structure if applicable, which may be hand-drawn, indicating where the plants will be located;

3. A description of the method used to secure the plants;

4. An identification of any special lighting or other equipment that will be used to aid in the cultivation of the plants;

5. If the applicant is the owner of the private residence, proof of such ownership; and

6. If the applicant is not the owner of the private residence, a copy of the lease or other rental agreement, along with a signed statement from the owner that the applicant has permission to cultivate plants in accordance with the provisions of AUMA and this chapter. (Ord. 1771 § 2 (part), 2017)

Article IV. Violations and Remedies

18.66.080 Violation.

It is hereby declared to be unlawful, a public nuisance and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any property within the city to cause or allow such property to be used in a manner which violates this chapter. (Ord. 1771 § 2 (part), 2017)

18.66.090 Violation – Misdemeanor.

Any violation of this chapter shall be punishable as a misdemeanor. (Ord. 1771 § 2 (part), 2017)

18.66.100 Public nuisance.

Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city. (Ord. 1771 § 2 (part), 2017: Ord. 1764 § 3 (part), 2016)

18.66.110 Civil penalties.

In addition to any other enforcement permitted by this chapter, the city attorney may bring a civil action for injunctive relief or the city may pursue administrative fines and penalties pursuant to Chapter 1.20 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. (Ord. 1771 § 2 (part), 2017: Ord. 1764 § 3 (part), 2016)


1

Code reviser’s note: Ordinance 1771, Section 4 states “This Ordinance shall remain in effect for 45 days, unless extended in accordance with the procedures of Government Code § 65858.”

    Ordinance 1773, Section 5 extends the provisions of Ordinance 1771, stating “This ordinance shall take effect upon expiration of Ordinance No. 1771, and shall remain in effect for ten months and 15 days thereafter. It shall thereupon expire unless extended in accordance with the procedures of Government Code § 65858.”