Chapter 9.40
PROHIBITED MARIJUANA ACTIVITIES

Sections:

9.40.010    Statutory authorization.

9.40.020    Statement of purpose.

9.40.030    Definitions.

9.40.050    Prohibition.

9.40.060    Public nuisance.

9.40.070    Civil penalties.

9.40.010 Statutory authorization.

The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. In addition, the Legislature of the State of California has in AB 266, AB 243, and SB 643, which collectively are known as the Medical Marijuana Regulation and Safety Act, conferred upon local governments the authority to adopt regulations designed to limit or prohibit activities related to cultivation and delivery of cannabis also known as marijuana. Therefore, the city council of the city of Hughson does hereby adopt the following cannabis regulations. (Ord. 16-02 § 2, 2016)

9.40.020 Statement of purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare, and to prohibit the cultivation, delivery, and dispensaries of cannabis within the city of Hughson. (Ord. 16-02 § 2, 2016)

9.40.030 Definitions.

A. “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.

B. “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.

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

D. “Cooperative/collective” shall mean two or more persons collectively or cooperatively cultivating, distributing, using, transporting, possessing, administering, delivering or making available medical marijuana (cannabis), with or without compensation.

E. “Cultivation” 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.

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

G. “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.

H. “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/collective.

I. “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.

J. “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.

K. “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.

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

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

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

O. “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 266, and SB 643.

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

Q. “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.

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

S. “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.

T. “Transporter” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(aa) as the same may be amended from time to time. (Ord. 16-02 § 2, 2016)

9.40.050 Prohibition.

A. Commercial cannabis (marijuana) activities of all types including, but not limited to, dispensaries, collectives, cooperatives, transportation, distribution, cultivation, manufacturing, delivery, testing, and processing are expressly prohibited in all zones, planned developments, and all specific and master plan areas in the city of Hughson. No person shall establish, operate, conduct or allow any commercial cannabis (marijuana) activity anywhere within the city.

B. To the extent not already covered by subsection A of this section, all deliveries of medical cannabis (marijuana) are expressly prohibited within the city of Hughson. 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, authorization or other entitlement for any activity for which a state license is required under the MMRSA.

D. Cultivation of cannabis (marijuana) for non-commercial purposes including, but not limited to, cultivation by a qualified patient or a primary caregiver is expressly prohibited in all zones, planned developments, and all specific and master plan areas in the city of Hughson. No person including, but not limited to, a qualified patient or primary caregiver shall cultivate any amount of cannabis (marijuana) in the city, even for medical purposes.

E. In the event that there is future legislation or an initiative that authorizes recreational marijuana (cannabis) use/activities, to the greatest extent permitted by law and to the extent not already prohibited by this chapter, the prohibitions contained herein related to medical cannabis (marijuana) shall apply to recreational marijuana (cannabis). (Ord. 16-02 § 2, 2016)

9.40.060 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. 16-02 § 2, 2016)

9.40.070 Civil penalties.

In addition to any other enforcement remedies permitted by this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity violating this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party. (Ord. 16-02 § 2, 2016)