A. Commercial Cannabis Activity. No person shall establish, operate, maintain, conduct, cause, allow or engage in commercial cannabis activity anywhere within the City related to cannabis cultivation or microbusiness uses. This subsection is meant to prohibit all cannabis related activities for which a State license is required for cannabis cultivation or microbusiness uses. The City shall not issue any permit, license, variance or any other entitlement or permit, whether administrative or discretionary, for any establishment, operation or activity of any such prohibited use, business or commercial operation.
B. Medicinal Cannabis. With the exception of the indoor, personal cultivation of medicinal cannabis allowed or permitted in residential zoning districts pursuant to, and in accordance with, this chapter, the establishment or operation of any medicinal marijuana or cannabis collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered an explicitly prohibited use in the City of Chico, including in all zoning districts and designated zones of the City without an appropriate Commercial Cannabis Permit issued pursuant to CMC Chapter 5.42 and in accordance with the remainder of Chapter 19.75 and Chapters 19.40 through 19.48, and Section 19.80.070, as applicable.
C. Personal Cannabis Cultivation for Medicinal or Adult-use. With the exception of Section 19.75.040 that allows the personal cannabis cultivation of no more than six (6) plants in a private residence by first securing a permit from the City, personal cannabis cultivation shall be prohibited and considered unlawful in all areas of the City to the extent it is unlawful under California law.
D. Property Owners. A property owner shall not rent, lease, or otherwise allow, cause or allow any business that engages in commercial cannabis activity to occupy real property in the City unless such business is located in a zoning district where such use is allowed, and has received a Commercial Cannabis Permit issued pursuant to Chapter 5.42. A property owner shall not allow any person or business to establish, operate, maintain, conduct, cause, allow, or engage in commercial cannabis activity on any real property owned or controlled by that property owner that is located in the City unless such business is located in a zoning district where such use is allowed, and has received a Commercial Cannabis Permit issued pursuant to Chapter 5.42. This is not intended to prohibit a property owner from providing written prior permission to lawful tenants for the personal cultivation of medicinal or adult-use cannabis in a residential zoning district, as allowed in Section 19.75.040 of this chapter.
E. Deliveries. To the extent not already prohibited herein, delivery of cannabis or cannabis products, whether the cannabis is for medicinal or adult-use purposes, to or from the City of Chico is expressly prohibited except to the extent allowed under State law. Nothing herein prevents the use and traversing of public roads within the City of Chico by a lawful business pursuant to state law.
F. Outdoor Cultivation. The outdoor cultivation of cannabis is expressly prohibited in the City of Chico, including all zoning districts and designated zones of the City of Chico.
(Ord. 2505; Ord. 2553; Ord. 2589 §4)