Chapter 86.80


86.80.010    Legislative findings and statement of purpose.

86.80.020    Definitions.

86.80.030    Prohibited activities.

86.80.010 Legislative findings and statement of purpose.

A. On November 8, 2016, the State voters approved the Adult Use of Marijuana Act, also identified as Proposition 64 (“Prop 64”). Prop 64 legalized adult nonmedical use of marijuana and established a State licensing scheme for nonmedical marijuana facilities largely patterned on the MCRS Act, and generally: (1) allows adults 21 years and older to possess up to one ounce of marijuana and to cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of marijuana for adult use; (3) allows local regulation and taxation of marijuana; (4) prohibits smoking marijuana in places where smoking tobacco is prohibited; and (5) rewrites criminal penalties so as to reduce the most common marijuana felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to the MCRS Act, allows cities and counties to prohibit the establishment of nonmedical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions.

B. The City Council finds that the State is not authorized to issue licenses for commercial marijuana activities within the city because Business and Professions Code Section 26055(e) provides that the State may not issue a state license for any commercial marijuana activities within a city that prohibits such activities. (Ord. 2071 § 3, 2017)

86.80.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Commercial marijuana activity” shall have the same meaning as CMC 36.20.020(B).

B. “Marijuana” or “cannabis” shall have the same meaning as CMC 36.20.020(E).

C. “Marijuana dispensary” or “marijuana dispensaries” shall have the same meaning as CMC 36.20.020(G).

D. “Medical marijuana collective” or “cooperative or collective” shall have the same meaning as CMC 36.20.020(H). (Ord. 2071 § 3, 2017)

86.80.030 Prohibited activities.

A. It is unlawful for any person or business to engage in commercial marijuana activities of any type in any and all zones and in any and all specific plan areas. No person shall establish, operate, conduct, or allow a commercial marijuana activity anywhere within the City.

B. It is unlawful to establish or operate a marijuana dispensary, medical marijuana collective, or any other business establishment associated with any type of commercial marijuana activity within the City.

C. This section is meant to prohibit all commercial or medical marijuana activities in the City except where the City is preempted by Federal or State law from enacting a prohibition on any such activity. Accordingly, the City shall not issue any permit, license, or other entitlement for any commercial or medical marijuana activity for which a State license is required under any State law, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by Federal or State law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. (Ord. 2071 § 3, 2017)