Chapter 9.28
MARIJUANA1
Sections:
9.28.020 Prohibited activities.
9.28.040 Indoor marijuana cultivation.
9.28.010 Definitions.
For purposes of this chapter, the following definitions shall apply.
“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” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana product for medical, non-medical, or any other purpose and 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 California Business and Professions Code, as they may be amended from time to time.
“Concentrated cannabis” shall have the same meaning as “cannabis concentrate” as defined in California Business and Professions Code Section 19300.5, as the same may be amended from time to time.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
“Delivery” means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by a retailer or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a state licensed retailer of marijuana or marijuana products.
“Distribution” means 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 California Business and Professions Code, as they may be amended from time to time.
“Fully enclosed and secure structure” means a space within a 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. The fully enclosed and secure structure shall be located in the rear yard area of the parcel, and must maintain a minimum 10-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision does not apply to cultivation occurring in a garage.
“Indoors” means within a fully enclosed and secure structure.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
“Marijuana” 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. “Marijuana” also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. 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” also includes “cannabis” as defined in California Business and Professions Code Section 19300.5(f), as the same may be amended from time to time. “Marijuana” includes marijuana that is used for medical, non-medical, or other purposes.
“Marijuana accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
“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 No. 643, and as amended by Assembly Bill No. 21 in 2016, as the same may be amended from time to time.
“Outdoors” means any location that is not within a fully enclosed and secure structure.
“Person” means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, 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 that is lawfully used as a residence. (Ord. 415 § 8, 2017)
9.28.020 Prohibited activities.
A. Commercial marijuana activity is prohibited in the city. No person shall establish, operate, maintain, conduct, allow, or engage in commercial marijuana activity anywhere within the city.
B. A property owner shall not rent, lease or otherwise permit any person or 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.
C. Subsection A of this section shall prohibit all activities for which a state license is required pursuant to the MCRSA or the 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 MCRSA or the AUMA. The city shall also not issue any local license to a non-profit entity pursuant to California Business and Professions Code Section 26070.5.
D. To the extent not already prohibited by subsection A of this section, all deliveries of marijuana or marijuana products to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting marijuana 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. (Ord. 415 § 8, 2017)
9.28.030 Exceptions.
A. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis;
2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of marijuana in the form of concentrated cannabis;
3. Smoking or ingesting marijuana or marijuana products in a manner consistent with California Health and Safety Code Section 11362.3;
4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever; or
5. Engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2. (Ord. 415 § 8, 2017)
9.28.040 Indoor marijuana cultivation.
A. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of marijuana except in strict compliance with the requirements set forth below. Marijuana cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence, in strict conformance with the following standards:
1. Only a person who is at least 21 years old may cultivate marijuana.
2. Marijuana cultivation is permitted only within fully enclosed and secure structures.
3. Marijuana cultivation areas shall not be accessible to persons under 21 years of age. Cultivation areas shall be secured by lock and key or other security device which prevents unauthorized entry.
4. Marijuana cultivation shall be limited to six plants total, whether immature or mature, regardless of how many persons over the age of 21 reside at the private residence.
5. Written consent of the property owner to cultivate marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the San Bernardino County sheriff’s department.
6. Marijuana cultivation shall only take place on impervious surfaces.
7. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for marijuana cultivation or processing is prohibited.
8. The use of marijuana extraction and concentration techniques, including but not limited to butane, CO2 or ethanol, to manufacture concentrated cannabis is strictly prohibited.
9. Marijuana cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.
10. The private residence shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. The foregoing rooms and areas shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing, or any other residential purpose for which the rooms, space or area was intended.
11. Any structure used for the cultivation of marijuana shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right-of-way. No person shall cultivate marijuana in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold or vibration that is or whose effect is either detrimental to public health, safety, or welfare or that interferes with the reasonable enjoyment of life or property.
12. A portable fully functional fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the residence.
13. Cultivation of marijuana shall not displace required off-street parking, or violate any other provisions of the Highland Municipal Code.
14. All electrical equipment used in the cultivation of marijuana (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.
15. Prior to performing any work on electrical wiring in or upon the residence, including any modifications, repair or rewiring, the property owner shall first obtain a building, mechanical and/or electrical permit, as required, from the building division. (Ord. 415 § 8, 2017)
9.28.050 Violation, penalty.
In addition to any other enforcement permitted by this chapter or Chapter 1.24 HMC, the city attorney 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 Chapter 1.24 HMC, 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 to time. In the event of any conflict between the penalties enumerated under Chapter 1.24 HMC and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. 415 § 8, 2017)
Prior legislation: Ords. 382, 383 and 404.