(A) Purpose. The purpose of this section is to expressly prohibit the establishment of commercial cannabis uses and cannabis cultivation in the city, to the extent not preempted by state law. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law. The City Council finds that the prohibitions on commercial cannabis uses, outdoor cannabis cultivation, and indoor cultivation of cannabis except under limited circumstances consistent with state law are necessary for the preservation and protection of the public health, safety, and welfare of the city and its community. The City Council's prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare of the city and its community.
(B) Definitions. For purposes of this chapter, the following words and phrases have the same meanings as set forth below.
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 that is used for medicinal, adult-use, or other purposes. 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 also does not include industrial hemp, as defined in Cal. Health and Safety Code § 11018.5.
CANNABIS PRODUCT. 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.
COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, packaging, labeling, transportation, delivery or sale (as those terms are defined in Cal. Business and Professions Code § 26001, as the same may be amended from time to time) of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. COMMERCIAL CANNABIS ACTIVITY does not include (1) the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient (as that term is defined in Cal. Health and Safety Code § 11362.7) for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person; or (2) the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver (as that term is defined in Cal. Health and Safety Code § 11362.7), exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Cal. Health and Safety Code § 11362.765.
COMMERCIAL CANNABIS USES. Any use of property for commercial cannabis activity.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees.
DWELLING. Shall have the same meaning as defined in § 17.04.080. DWELLING also means a PRIVATE RESIDENCE as defined by Cal. Health and Safety Code § 11362.2(b)(5) as the same may be amended from time to time.
FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building, greenhouse or other structure which has a complete 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.
INDOORS. Within a fully enclosed and secure structure.
LICENSEE. A person who holds a state license for research and development or laboratory testing of cannabis or cannabis products issued by the Bureau of Cannabis Control or other state licensing authority that licenses cannabis businesses, if applicable.
OUTDOORS. Any location that is not within a fully enclosed and secure structure.
PERSON. Any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
RESEARCH AND DEVELOPMENT. Shall mean an establishment primarily engaged in the research of an industrial or scientific nature that is a licensee, excluding medical testing and analysis. Typical uses shall include electronics research laboratories, space research and development firms and pharmaceutical research laboratories.
(C) Prohibited uses.
(1) Commercial cannabis uses are expressly prohibited in all zones and all specific plan areas in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city.
(2) Outdoor cannabis cultivation is expressly prohibited in all zones and all specific plan areas in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.
(3) Indoor cannabis cultivation, including cultivation by a primary caregiver or qualified patient (as those terms are defined in Cal. Health and Safety Code § 11362.7, as the same is amended from time to time) is prohibited except in strict compliance with division (F) below.
(D) Exceptions.
(1) Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under Cal. Health and Safety Code § 11362.1.
(2) Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Cal. Business and Professions Code § 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.
(3) Laboratory testing facilities and research and development facilities that meet the requirements set forth in division (E) below are permitted to operate in the city.
(E) Laboratory testing and research and development facilities. Laboratory testing facilities and research and development facilities shall only be permitted provided the facilities are:
(1) Located in the M (Manufacturing), O/RD/LM (Office/Research and Development/Light Manufacturing) or BE (Business Enterprise) zones.
(2) Not engaged in any other "commercial cannabis activity" as defined herein, except for the possession, storing, packaging, distribution, or labeling of cannabis or cannabis product.
(3) Cannabis and cannabis products may be lawfully transported by a state licensed distributor to and from laboratory testing facilities and research and development facilities.
(F) Indoor cannabis cultivation. Cannabis cultivation shall only occur indoors in a dwelling, or inside an accessory structure located upon the grounds of a dwelling, in strict conformance with the following standards:
(1) Only a person who is at least 21 years old may cultivate cannabis, and the cannabis cultivation areas shall not be accessible to persons under 21 years of age.
(2) Cannabis cultivation is permitted only within fully enclosed and secure structures.
(3) Cannabis cultivation shall be limited to six plants total, regardless of how many persons over the age of 21 reside at the dwelling.
(4) The use of CO2 and Ozone generators for cannabis cultivation or processing is prohibited.
(5) The use of compressed gases, including but not limited to carbon dioxide and butane, for cultivation or processing is prohibited.
(6) Cannabis cultivation shall not be visible from the public right-of-way or any privately owned place open to the public.
(7) The dwelling shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.
(8) Any structure used for the cultivation of cannabis shall not become a public nuisance to surrounding properties or the public. A public nuisance may be deemed to exist if the cultivation produces odors which are detectable to people of normal sensitivity residing or present on adjacent or nearby property or on a public right- of-way. No person shall cultivate cannabis in any manner that causes any of the following conditions: light, glare, heat, odor, noise, mold or vibration that is or whose effect is either detrimental to public health, safety, or welfare or that interferes with the reasonable enjoyment of life or property.
(9) A portable fully functional fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the residence.
(10) Cultivation of cannabis shall not displace required off-street parking.
(11) All electrical equipment used in the cultivation of cannabis (e.g. lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired.
(G) Enforcement. In addition to any other enforcement permitted by Chapter 1.16 of this code, the City Attorney or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys’ fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.16 of this code, this § 17.44.104 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Cal. Health and Safety Code §§ 11362.71 et seq. or §§ 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.16 of this code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.
(Ord. No. 2006-11U § 2, 2006; Ord. No. 2006-11 § 2, 2006; Ord. No. 2006-12 § 2, 2006; Ord. No. 2008-07 § 6, 2008; Ord. 2017-05 § 6, 2017)