The City Council finds as follows:
(a) Purpose. The purpose and intent of this Chapter is to regulate the cultivation of marijuana in a manner that protects the health, safety and welfare of the community consistent with Proposition 64, also known as the Control, Regulate, and Tax Adult Use of Marijuana Act ("AUMA"). This Chapter is not intended to interfere with a patient’s right to medical marijuana, as provided for in California Health & Safety Code Section 11362.5, nor does it criminalize medical marijuana possession or cultivation by specifically defined classifications of persons, pursuant to state law. This Chapter is not intended to give any person unfettered legal authority to grow marijuana; it is intended simply to impose zoning restrictions on the personal indoor cultivation of marijuana permitted under AUMA, when it is authorized by California state law for medical or other lawful purposes under the state law.
(b) Applicability. As set out in Canyon Lake Municipal Code Chapter 9.03, and authorized by AB 243 (Section 11362.777 of the Health & Safety Code), marijuana cultivation, as defined in Section 17.114.02, remains prohibited in all zones and districts of the City of Canyon Lake until and unless AUMA is passed at the November 8, 2016, statewide general election. Upon the passage of AUMA at that election, the cultivation of non-medical marijuana in the City shall be controlled and regulated by the provisions of this Chapter, which is an uncodified portion of the Zoning Code.
(c) Non-conflicting enactment. No part of this Chapter shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. §§ 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation.
(Ord. 168, passed 11-2-2016; Am. Ord. 171, passed 12-14-2016)