Chapter 8.30
MARIJUANA ACTIVITIES REGULATIONS
Sections:
8.30.020 Medical marijuana dispensaries prohibited.
8.30.030 Marijuana/cannabis cultivation prohibited.
8.30.040 Commercial cannabis activity prohibited.
8.30.010 Definitions.
A. “Commercial cannabis activity” includes the cultivation, possession, manufacture, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or a cannabis product for which a state license is required under Business and Professions Code Sections 19300 et seq. and 26000 et seq.
B. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
C. “Marijuana” or “cannabis” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff, and concentrated cannabis and the separated resin, whether crude or purified, obtained from marijuana. It does not include (1) industrial hemp, as defined in Health and Safety Code Section 11018.5; or (2) the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
D. “Medical marijuana” is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome (AIDS), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7.
E. A “medical marijuana dispensary” is any facility or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, transmitted, and/or distributed by or to two or more people.
“Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. (Ord. 730 § 2(1), 2017; Ord. 721 § 2, 2016).
8.30.020 Medical marijuana dispensaries prohibited.
Medical marijuana dispensaries, as defined in this chapter, are prohibited uses in all zoning districts within the City of Calistoga. (Ord. 721 § 2, 2016).
8.30.030 Marijuana/cannabis cultivation prohibited.
The cultivation of marijuana/cannabis is prohibited in all zoning districts within the City of Calistoga, except as provided in CMC 17.48.040. (Ord. 730 § 2(2), 2017; Ord. 721 § 2, 2016).
8.30.040 Commercial cannabis activity prohibited.
Commercial cannabis activities are prohibited in all zoning districts within the City of Calistoga. (Ord. 721 § 2, 2016).
8.30.050 Violation – Penalty.
A. It shall be a violation to establish and/or operate a medical marijuana dispensary, conduct commercial cannabis activities, or cultivate marijuana/cannabis in any zoning district within the City of Calistoga, except as provided in CMC 17.48.040.
B. The City may, in its sole discretion, enforce any violation of this chapter by any remedy available to it, including without limitation pursuit of a civil injunction and imposition of civil fines and penalties.
C. The remedies set forth in this section are cumulative and shall not preclude the City from any other remedy or relief to which it may be entitled under law or equity. (Ord. 730 § 2(3), 2017; Ord. 721 § 2, 2016).
8.30.060 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the City pursuant to the procedures set forth in Chapter 1.12 CMC. (Ord. 721 § 2, 2016).