(A) For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANNABIS. 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. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS does not include industrial hemp as defined by § 11018.5 of the Cal. Health and Safety Code.
CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Cannabis cultivation includes the use of cannabis clones, mother plants, and nurseries.
CANNABIS CULTIVATION, INDOOR. The cultivation of cannabis within a fully enclosed structure using exclusively artificial lighting.
CANNABIS CULTIVATION AREA.
(a) The cumulative gross area used for cannabis cultivation measured using either:
(i) The outward edge of the trays, pots or other containers used for cultivation; or
(ii) The vegetative canopy, whichever is greater.
(b) If cannabis containers are stacked in horizontal layers, the area of each layer is included in the cultivation area calculation. Space not directly used for cultivation (e.g., storerooms, bathrooms, drying racks, trimming areas) are not included in the cannabis cultivation area calculation.
CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer.
CANNABIS DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees. Distribution also includes the inspection, storage, labeling, packaging and other processes required prior to transport to a licensed cannabis retailer or cannabis manufacturing facility.
CANNABIS EXTRACTION. The process by which cannabinoids and terpenes found within cannabis are recovered from the plant material.
(a) CHEMICAL EXTRACTION. Cannabis extraction utilizing a chemical solvent such as butane, propane, ethanol, or supercritical carbon dioxide.
(b) MECHANICAL EXTRACTION. Cannabis extraction utilizing only pressure and/or physical action without the use of chemical solvents.
CANNABIS FACILITY. A facility, premise, tenant space, site, or location where one or more commercial cannabis use operates.
CANNABIS MANUFACTURING. The production, preparation, processing, propagation, or compounding of cannabis or cannabis products either directly or indirectly, or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
CANNABIS PROCESSING. The manicuring, drying, curing, grinding, bagging, packaging, rolling, and other similar transformation of cannabis.
CANNABIS PRODUCTS. Cannabis that has undergone a process whereby the plant material has been transformed, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
CANNABIS RESEARCH AND DEVELOPMENT. A facility that offers or performs research and development of cannabis or cannabis products where no commercial cultivation, processing, distribution, wholesale, or retail sales of cannabis or cannabis products occurs. Growing of plants and the use of volatile solvents (as listed in Tables 307.1(1) and 307.1(2) of the California Building Code) for the purpose of conducting the research and development may be allowed. Research and Development may include, but is not limited to, systematic activities intended to create new products, processes, patents; scientific assessment of the safety and efficacy of cannabis and cannabis compounds for research and product development purposes; and/or work directed toward the innovation, introduction and improvement of production, processes, and/or products.
CANNABIS RETAIL. The sale and/or delivery of cannabis or cannabis products to customers. Includes retail sales for both on-site and off-site consumption of cannabis and cannabis products.
CANNABIS TESTING LABORATORY. A laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and that is both of the following:
(a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis business in the state.
(b) Licensed by the Bureau of Cannabis Control.
CITY. The City of Eureka.
CITY MANAGER. The City Manager of the City of Eureka or his or her designee.
COASTAL ZONE. The area of land and water within the Eureka city limits, extending inland from the state's seaward limit of jurisdiction to the boundary as shown on Eureka's Local Coastal Program (LCP) Post-LCP Certification Permit and Appeal Jurisdiction map as certified by the California Coastal Commission.
COMMERCIAL CANNABIS USE. The commercial cultivation, possession, manufacture, processing, storing, laboratory testing, research and development, labeling, transportation, distribution, delivery, or sale of cannabis or cannabis products.
COMPASSIONATE USE ACT. The Compassionate Use Act of 1996 (Proposition 215) codified as Cal. Health and Safety Code §§ 11362.5 et seq.
GENERAL CANNABIS USE.
(a) A land use category that includes all of the following types of commercial cannabis businesses:
(i) Indoor cannabis cultivation.
(ii) Cannabis distribution.
(iii) Mechanical cannabis extraction and other cannabis manufacturing activities that do not involve chemical cannabis extraction.
(iv) Cannabis research and development.
(v) Cannabis testing laboratories.
(b) The general cannabis use category excludes cannabis retail and chemical cannabis extraction.
LICENSEE. A person who possesses both a state license and a city-issued commercial cannabis license allowing commercial cannabis business activities.
MEDICAL CANNABIS. Cannabis or a cannabis product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in § 11362.5 of the Cal. Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation, or in compliance with any compassionate use, equity, or other similar program administered by the city.
MOBILE CANNABIS VENDORS. The production, sale, and/or distribution of cannabis from a vehicle or other type conveyance while located on a street, private property, or traveling from place to place. Excludes cannabis delivery conducted by a licensed cannabis retailer in compliance with this chapter.
OWNER. Any of the following:
(a) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
(b) The chief executive officer of a nonprofit or other entity.
(c) A member of the board of directors of a nonprofit.
(d) An individual who will be participating in the direction, control, or management of the person applying for a license.
PERSONAL USE CANNABIS CULTIVATION. The cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use or by a primary caregiver for their qualified patient(s) in accordance with state law.
PREMISES. The designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis business will be or is conducted.
PRIMARY CAREGIVER. As defined in § 11362.7 of the Cal. Health and Safety Code.
QUALIFIED PATIENT. As defined in Cal. Health and Safety Code §§ 11362.7 et seq.
RESIDENCE. A legal dwelling unit consisting of a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.
SELL, SALE, and TO SELL. Any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
STATE LICENSING AUTHORITY. The state agency responsible for the issuance, renewal, or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee.
TEMPORARY CANNABIS EVENT.
(a) An event involving the on-site sale and/or consumption of cannabis products that is:
(i) Open to the public (an event not limited to invitees and otherwise open to any member of the public with or without an admission fee or charge); and
(ii) Attended by five or more participants (including sponsors and guests).
(b) A temporary cannabis event does not include social gatherings held in a private residence.
VOLATILE SOLVENTS. Solvents used in the manufacture of cannabis products determined to be volatile by the California Department of Public Health or the Humboldt Bay Fire Department.
ZONING CODE. Chapter 155 of the Eureka Municipal Code.
ZONING DISTRICT. A defined area within the City of Eureka as established in the Zoning Code where uniform land use and development standards apply in accordance with the Zoning Code.
(B) Terms not defined. Terms not defined in this chapter must be interpreted to give this chapter its most reasonable meaning and application, consistent with Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) and applicable state and federal law.
(Ord. 933-C.S., passed 7-19-22)