Chapter 16.80
MARIJUANA USES1
Sections:
16.80.010 Purpose and findings.
16.80.010 Purpose and findings.
A. The purpose of this chapter is to expressly prohibit the establishment of commercial marijuana uses and marijuana cultivation in the city, to the extent not preempted by state law. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.
B. The city council finds that the prohibitions on commercial marijuana uses, outdoor marijuana cultivation, and indoor cultivation of marijuana except under limited circumstances consistent with state law are necessary for the preservation and protection of the public health, safety, and welfare of the city and its community. The city council’s prohibition of such uses is within the authority conferred upon the city council by state law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community. (Ord. 415 § 9, 2017)
16.80.020 Definitions.
“Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products for medical, non-medical, or any other purpose, and includes the activities of any business licensed by the state or other government entity under Division 8 or 10 of the California Business and Professions Code, as the same may be amended from time to time.
“Commercial marijuana uses” means any use of property involving commercial marijuana activity.
“Concentrated cannabis” shall have the same meaning as “cannabis concentrate” as defined in California Business and Professions Code Section 19300.5, as the same may be amended from time to time.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
“Delivery” means the commercial transfer of marijuana or marijuana products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by a retailer or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a state licensed retailer of marijuana or marijuana products.
“Distribution” means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the California Business and Professions Code, as they may be amended from time to time.
“Fully enclosed and secure structure” means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure shall be located in the rear yard area of the parcel or premises, and must maintain a minimum 10-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision does not apply to cultivation occurring in a garage.
“Indoors” means within a fully enclosed and secure structure.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
“Marijuana” 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. “Marijuana” also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include:
1. Industrial hemp, as defined in Section 11018.5 of the Health and Safety Code; or
2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
“Marijuana” includes “cannabis” as defined in California Business and Professions Code Section 19300.5(f), as the same may be amended from time to time. “Marijuana” includes marijuana that is used for medical, non-medical, or other purposes.
“Marijuana accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
“Marijuana product” means marijuana 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 marijuana or concentrated cannabis and other ingredients.
“MCRSA” means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill No. 643, and as amended by Assembly Bill No. 21 in 2016, as the same may be amended from time to time.
“Outdoors” means any location that is not within a fully enclosed and secure structure.
“Person” means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence. (Ord. 415 § 9, 2017)
16.80.030 Prohibited uses.
A. Commercial marijuana uses are expressly prohibited in all zones and all specific plan areas in the city. No person shall establish, operate, maintain, conduct or allow commercial marijuana uses anywhere within the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial marijuana use.
B. Outdoor marijuana cultivation is expressly prohibited in all zones and all specific plan areas in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors.
C. Indoor marijuana cultivation is prohibited except in strict compliance with HMC 9.28.040. (Ord. 415 § 9, 2017)
16.80.040 Exceptions.
A. To the extent that the following activities are permitted by state law, nothing in this chapter shall prohibit a person 21 years of age or older from:
1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis;
2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of marijuana in the form of concentrated cannabis;
3. Smoking or ingesting marijuana or marijuana products in a manner consistent with California Health and Safety Code Section 11362.3;
4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever; or
5. Engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code Sections 11362.1 and 11362.2. (Ord. 415 § 9, 2017)
16.80.050 Enforcement.
In addition to any other enforcement permitted by Chapter 1.24 HMC, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.24 HMC, this chapter does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71, et seq., or Section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.24 HMC and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord. 415 § 9, 2017)
Prior legislation: Ords. 348, 403 and 404.