Chapter 9.10
MARIJUANA REGULATION

Sections:

9.10.010    Purpose and intent.

9.10.020    Limitation of outdoor cultivation of marijuana.

9.10.030    Prohibition of marijuana-related businesses.

9.10.040    Violation and penalties.

9.10.010 Purpose and intent.

A. The purpose and intent of this chapter is to maintain the status quo while the city conducts public outreach by limiting the outdoor cultivation, and prohibiting manufacturing, processing, laboratory testing, labeling, storing and wholesale and retail distribution and sale of recreational and medical marijuana to protect the health, safety and welfare of the city consistent with state law.

B. This chapter is not intended to, nor shall it be construed as, prohibiting or interfering with any right, defense or immunity afforded to qualified patients or their caregivers relating to medical marijuana under the Compassionate Use Act of 1996, the Medical Marijuana Program Act, the Medical Cannabis Regulatory and Safety Act and other applicable California law.

C. This chapter is not intended to, and shall not be construed as, prohibiting or interfering with any right, defense or immunity of any individual relating to the recreational use or possession or indoor cultivation of marijuana as permitted by the Control, Regulate and Tax Adult Use of Marijuana Act; provided, nothing in this subsection is to be construed to permit actions violating or not permitted by other provisions of the Municipal Code, including, but not limited to, Chapter 5.01, Business License Program; Chapter 8.16, Smoking Prohibited and Secondhand Smoke Control; Chapter 8.22, Offensive Odors; and Chapter 17.22, Use Regulations. (Ord. 1633 § 3 (part), 2017)

9.10.020 Limitation of outdoor cultivation of marijuana.

No person shall cultivate, plant, grow, maintain or store more than six marijuana plants outdoors in any location within the city, whether or not located in a greenhouse or other structure designed or used for such activities. (Ord. 1633 § 3 (part), 2017)

9.10.030 Prohibition of marijuana-related businesses.

A. Except as otherwise specifically required by California law, any and all commercial or industrial recreational and medical marijuana/cannabis-related uses, activities, businesses, or operations, are prohibited and unlawful within the city of San Luis Obispo.

B. This prohibition applies to both for profit and nonprofit commercial and industrial uses, activities, businesses, operations, even if a state license under the Control, Regulate and Tax Adult Use of Marijuana Act or the Medical Cannabis Regulation and Safety Act is not required.

C.  This prohibition includes, but is not limited to, commercial and/or industrial: cultivation (both indoor and outdoor); manufacturing; processing; laboratory testing; wholesale or retail distribution, delivery and sale; labeling; storage; or permitting of smoking/vaporizing/ingesting on any business premises, of marijuana/cannabis, marijuana/cannabis products and all marijuana/cannabis derivatives for any purpose. (Ord. 1633 § 3 (part), 2017)

9.10.040 Violation and penalties.

A. Misdemeanor. Any violation of the provisions of this chapter shall be a misdemeanor; provided, that where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction.

B. Infraction Violation. Where the city attorney determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within one year, and a fine not exceeding five hundred dollars for each additional infraction violation of the same provision within one year.

C. The fine amounts set forth above may be modified, from time to time, by city council resolution. In no event shall such fine amounts exceed the amounts authorized by state law.

D. Each person committing, causing, or maintaining a violation of this chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, maintained, or permitted by such person and shall be punishable accordingly.

E. The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest. Any public nuisance under this chapter may, at the city’s discretion, be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. The city shall also be entitled to recover its full reasonable costs of abatement. The prevailing party in any proceeding associated with the abatement of a public nuisance shall be entitled to recovery of attorneys’ fees incurred in any such proceeding if the city has elected at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees.

F. In lieu of issuing a criminal citation, the city may issue an administrative citation to any person responsible for committing, causing or maintaining a violation of this chapter. Nothing in this section shall preclude the city from also issuing a citation upon the occurrence of the same offense on a separate day.

G. The remedies set forth in this chapter are cumulative and additional to any and all other legal remedies available whether set forth elsewhere in the San Luis Obispo Municipal Code, or in state or federal laws, regulations, or case law. (Ord. 1633 § 3 (part), 2017)