Chapter 5.05
CANNABIS

Sections:

5.05.010    Purpose and findings.

5.05.020    Definitions.

5.05.030    Commercial cannabis activities prohibited.

5.05.040    Cannabis delivery prohibited.

5.05.050    Cannabis cultivation prohibited.

5.05.060    Use or activity prohibited by State or Federal law.

5.05.070    Public nuisance.

5.05.080    Enforcement.

5.05.010 Purpose and findings.

(A) The City Council finds that prohibitions on commercial cannabis activities, including, but not limited to, cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery and sale of cannabis, are necessary for the preservation and protection of the public health, safety and welfare of the City and its citizenry. The City of Palmdale is authorized by its charter and State law to prohibit such activities.

(B) The City Council finds that it is the intent of the City Council, in adopting these prohibitions, to retain local control over all commercial cannabis activities.

(C) The City Council finds that this chapter expressly prohibits the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery and sale of cannabis within the City of Palmdale.

(D) It is the intent and desire of the City Council of the City of Palmdale that the State of California Department of Food and Agriculture not approve, pursuant to California Business and Professions Code Section 26055(d), any application for a State license for any commercial cannabis activity within the City of Palmdale. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.020 Definitions.

Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:

(A) “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” 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.

(B) “Cannabis products” 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.

(C) “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products.

(D) “Cultivate” or “cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. For purposes of this chapter, “cultivate” or “cultivation” shall not include the indoor personal cultivation of cannabis pursuant to California Health and Safety Code Section 11362.1(a)(3); provided, that such activity is done in compliance with California Health and Safety Code Section 11362.2 and any other applicable State or local regulations.

(E) “Deliver” or “delivery” means the commercial transfer of cannabis or cannabis products to a customer. “Deliver” or “delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.030 Commercial cannabis activities prohibited.

It shall be unlawful for any person or entity to own, manage, conduct, or operate any commercial cannabis activity or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the City of Palmdale. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.040 Cannabis delivery prohibited.

It shall be unlawful for any person or entity to deliver cannabis or cannabis products in the City of Palmdale. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.050 Cannabis cultivation prohibited.

It shall be unlawful for any person or entity to cultivate cannabis in the City of Palmdale. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.060 Use or activity prohibited by State or Federal law.

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any State or Federal law. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.070 Public nuisance.

Any violation of this chapter is hereby declared to be a public nuisance. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)

5.05.080 Enforcement.

Any person violating any of the provisions of this chapter shall be punishable as set forth in PMC Title 1. Where the conduct constituting the violation is of a continuing nature, each day that the conduct continues shall be deemed a separate and distinct violation. (Ord. 1504 § 1, 2017; Ord. 1480 § 2, 2016)