Chapter 11.100
CANNABIS

Sections:

11.100.010    Statement of purpose.

11.100.020    Definitions.

11.100.030    Prohibition on commercial cannabis activities.

11.100.040    Prohibition on medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers.

11.100.050    Residential cannabis cultivation.

11.100.060    Consumption of cannabis.

11.100.070    Exceptions.

11.100.080    Enforcement.

11.100.010 Statement of purpose.

The purpose of this chapter is to prohibit commercial cannabis activities, cooperatives, collectives, dispensaries, operators, establishments, providers and cultivation within the city limits. [Ord. 17-022 § 2, 2017].

11.100.020 Definitions.

For the purposes of this section, the following words and phrases shall have the following meanings:

(a) “Cannabis” shall be defined pursuant to Business and Professions Code Section 26001(f). “Cannabis” does not mean “industrial hemp” as defined by Health and Safety Code Section 11018.5.

(b) “Child resistant” shall be defined pursuant to Business and Professions Code Section 26001(j).

(c) “Commercial cannabis activity” shall be defined pursuant to Business and Professions Code Section 26001(k), and includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.

(d) “Cultivation” shall be defined pursuant to Business and Professions Code Section 26001(l).

(e) “Delivery” shall be defined pursuant to Business and Professions Code Section 26001(p).

(f) “Edible cannabis product” shall be defined pursuant to Business and Professions Code Section 26001(t).

(g) “Fully enclosed and secure structure” means a space within a building, greenhouse or other structure which has a 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 must have valid electrical, plumbing, and building permits, if required by other provisions of this code.

(h) “Medicinal cannabis” or “medicinal cannabis product” shall be defined pursuant to Business and Professions Code Section 26001(ai) pursuant to California Health and Safety Code Sections 11362.5 (Compassionate Use Act of 1996) and 11362.7 (Medical Marijuana Program Act).

(i) “Medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers” shall be defined as any facility or location where medicinal cannabis is grown, made available to or distributed by or to any “primary caregiver,” “a qualified patient,” a person with an identification card or a person over the age of 21.

(j) “Outdoors” means any location that is not within a fully enclosed and secure structure.

(k) “Primary caregiver” shall be defined pursuant to Health and Safety Code Sections 11362.5(e) and 11362.7(d).

(l) “Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully permitted to be used as a residence.

(m) “Qualified patient” shall be defined pursuant to Health and Safety Code Section 11362.7(f).

(n) “Retailer” shall be defined pursuant to Business and Professions Code Section 26070(a)(1). [Ord. 17-022 § 2, 2017].

11.100.030 Prohibition on commercial cannabis activities.

(a) Commercial cannabis activities are prohibited in all areas of the city. No person or entity may establish or engage in commercial cannabis activities within city limits. A property owner may not allow its property to be used by any person or entity for commercial cannabis activities.

(b) The delivery of cannabis within city limits by any means is prohibited. [Ord. 17-022 § 2, 2017].

11.100.040 Prohibition on medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers.

Medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers are prohibited in all areas of the city. No person or entity may own, establish, open, operate, conduct, manage, or establish medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers. A property owner may not allow its property to be used by any person or entity for medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers. [Ord. 17-022 § 2, 2017].

11.100.050 Residential cannabis cultivation.

(a) All cannabis cultivation within city limits is prohibited except that a person, 21 years of age or older, may cultivate no more than six living cannabis plants inside a private residence, regardless of the number of persons that reside in the private residence, or inside a fully enclosed and secure accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry.

(b) The primary use of the property must be for a private residence, and cultivation must not prevent the property owner’s primary use as a residential use. The property shall remain at all times a private residence with a legal and functioning kitchen, bathroom(s) and bedroom(s) for their intended use and such cultivation shall not prevent the property’s primary use as a residential use. The cultivation activities shall be conducted in a manner that is child resistant.

(c) If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence.

(d) Persons cultivating cannabis in a residence shall comply with all applicable building code requirements set forth in the Pacific Grove Municipal Code.

(e) There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

(f) All private cultivation under this section shall comply with Health and Safety Code Section 11362.2.

(g) The cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to cultivation.

(h) The outdoor cultivation of cannabis is prohibited within city limits. [Ord. 17-022 § 2, 2017].

11.100.060 Consumption of cannabis.

Smoking and vaporizing of cannabis and cannabis products are prohibited in all public places and any place that is open to the public; reference Chapter 11.24 PGMC. Additionally, consumption and the use of any and all forms of cannabis, including edible cannabis product, shall be prohibited in all public places. [Ord. 17-022 § 2, 2017].

11.100.070 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 cannabis not in the form of concentrated cannabis; or

(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 cannabis in the form of concentrated cannabis; or

(3) Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code Section 11362.3.

(b) This chapter shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside of the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city. [Ord. 17-022 § 2, 2017].

11.100.080 Enforcement.

(a) Any use or condition caused, or permitted to exist, in violation of any provision of this section is a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or by any other remedy available to the city.

(b) Any violation of this section shall constitute a misdemeanor and a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be enforced pursuant to Chapters 1.16 and 1.19 PGMC.

(c) Any violation of this chapter is declared to be a public nuisance per se contrary to the public interest and will, at the discretion of the city, be subject to a cause of action for injunctive relief. [Ord. 17-022 § 2, 2017].