For purposes of this chapter, the following definitions apply:
ADULT-USE CANNABIS or ADULT-USE. Cannabis or cannabis products intended to be used for non-medical purposes by persons 21 years of age or older in conformance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10) and the provisions of state law regarding cannabis use and sale (Cal. Health and Safety Code §§ 11362.1 et seq.), as each may be amended from time to time.
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 includes “cannabis” as defined in Cal. Business and Professions Code § 26001 and in § 11018 of the Cal. Health and Safety Code. CANNABIS shall 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. For purposes of commercial cannabis cultivation, the term CANNABIS CULTIVATION also includes processing, rolling, storing, packaging, and labeling of non-manufactured cannabis products.
CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. CANNABIS DELIVERY also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.
CANNABIS DISTRIBUTION FACILITY. Any facility engaged in the procurement, temporary storage, non-retail sales, and transport of cannabis and cannabis products between state-licensed cannabis businesses and any other activity allowed under the state distributor license(s), including, but not limited to, quality control and collection of state cannabis taxes.
CANNABIS MANUFACTURING. The compounding, blending, extracting, infusing, or otherwise making, preparing or packaging a cannabis product. CANNABIS MANUFACTURING includes the production, preparation, propagation, or compounding of manufactured 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 medical cannabis or cannabis products or labels or relabels its container.
CANNABIS MICROBUSINESS. A commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.
CANNABIS PRODUCTS. Cannabis 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 cannabis or concentrated cannabis and other ingredients. CANNABIS PRODUCTS include “cannabis products” as defined in Cal. Business and Professions Code § 26001.
CANNABIS RETAILER. A facility or premises where cannabis or cannabis products are offered, either individually or in any combination, for retail sale or other sales or transfer to consumers, including an establishment that delivers cannabis and cannabis products as part of a retail sale. For purposes of this chapter, CANNABIS RETAILER also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, pursuant to the Compassionate Use Act (Cal. Health and Safety Code § 11362.5) and/or the Medical Marijuana Program (Cal. Health and Safety Code §§ 11362.7 et seq.), as may be amended. Unless otherwise specified, CANNABIS RETAILER means both a retailer selling medicinal cannabis and medicinal cannabis products to patients with valid physicians’ recommendations, and a retailer selling adult-use cannabis and cannabis products for adults 21 years of age and older. The term CANNABIS RETAILER includes both storefront retailers and delivery-only retailers unless otherwise specified.
CANNABIS TESTING LABORATORY. A laboratory, facility, entity, or site that offers or performs tests or testing of cannabis or cannabis products.
COMMERCIAL CANNABIS USE. Includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult-use, and whether or not such activities are carried out for profit. COMMERCIAL CANNABIS USES includes “commercial cannabis activity” as defined in Cal. Business and Professions Code §26001, and includes any activity that requires, or may require in the future, a license from a state licensing authority pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10), as may be amended. COMMERCIAL CANNABIS USE does not include the activities of a qualified patient or a primary caregiver that are exempt from state licensure pursuant to Cal. Business and Professions Code § 26033.
DAY CARE CENTER. Any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers, as defined §§ 1596.76 and 1596.750 of the Cal. Health and Safety Code.
DELIVERY-ONLY RETAILER. A cannabis retailer that conducts cannabis sales exclusively through cannabis delivery from a fixed, physical location that is closed to the public. Also known as a NON-STOREFRONT RETAILER.
FULLY ENCLOSED AND SECURE STRUCTURE. A space within a dwelling unit that complies with the California Building Code, as adopted in the town (“CBC”); or, if exempt from the permit requirements of the CBC, an accessory structure, on a lot containing a dwelling unit, having a complete roof and enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. In order to qualify as a FULLY ENCLOSED AND SECURE STRUCTURE, the walls and roofs must be constructed of solid materials that cannot be easily broken through, such as two-inch by four-inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products, are not considered solid materials.
INDOOR. Within a fully enclosed and secure structure.
MEDICINAL CANNABIS or MEDICAL USE. Cannabis or cannabis products intended to be used for medical purposes in accordance with the Compassionate Use Act of 1996 (Cal. Health and Safety Code § 11362.5) and the Medicinal Marijuana Program Act (Cal. Health and Safety Code §§ 11362.7 et seq.), as each may be amended from time to time.
OUTDOOR. Any location not within a fully enclosed and secure structure, such as a location exposed to the open air or within a greenhouse.
PERSONAL CULTIVATION. Cultivation of cannabis for a natural person’s own personal use and possession in accordance with this Code and state law, including but not limited to Cal. Health and Safety Code §§ 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. PERSONAL USE also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Cal. Health and Safety Code §§ 11362.7 and 11362.765, as may be amended. Except as herein defined, PERSONAL CULTIVATION does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis, or by a cannabis cooperative association or any of its members.
PRIMARY CAREGIVER. The same meaning as the term “primary caregiver” defined in Cal. Health and Safety Code § 11362.7, as may be amended from time to time.
PRIVATE RESIDENCE. House, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes, or as defined in Cal. Health and Safety Code § 11362.2, as may be amended from time to time.
QUALIFIED PATIENT. Means and includes both a “qualified patient” and a “person with an identification card” as each term is defined in Cal. Health and Safety Code § 11362.7, as amended from time to time.
SCHOOL. A place of instruction at the primary, secondary or high school level for at least four grades within a range from transitional kindergarten or kindergarten through 12 (whether public, private, or charter), but does not include any place where instruction is conducted primarily in a private home.
STATE COMMERCIAL CANNABIS LICENSE. A state license issued under the Medicinal and Adult
Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code Division 10), as may be amended, and includes both an A-license and an M-license, as well as a testing laboratory license.
STOREFRONT RETAILER. A cannabis retailer that conducts cannabis sales at a business premises that is open to the public, and may also conduct cannabis delivery as part of a retail sale.
SELL, SALE, and TO SELL. Include 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 who the cannabis or cannabis product was purchased.
TUTORING CENTER. A place that provides instruction supplemental to that provided by a school, requires compensation, and offers such instruction to at least ten clients who do not reside on the premises, for at least 37 weeks a year. A TUTORING CENTER may be located in a residence as long as the residence is in a commercial zone.
YOUTH CENTER. Any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business, or similar amusement park facilities. This definition shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist office, doctor’s office primarily serving children, or a location which is primarily utilized as an administrative office for youth programs or organizations.
(Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019)