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A. Definitions. For purposes of this Chapter, the following definitions shall apply:
1. "Industrial Hemp" means a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom, consistent with California Health and Safety Code § 11018.5.
2. "Marijuana" means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, and "cannabis" as defined in the Business and Professions Code § 19300.5(f), as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety Code § 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act). Notwithstanding the above, the definition of "marijuana" does not include "industrial hemp."
3. "Marijuana Cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
4. "Marijuana Dispensary" or "Marijuana Dispensaries" means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code §19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana for any reason to any person, group of persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.
5. "Marijuana Processing" means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates, production of foodstuffs containing marijuana and production of any pill, tablet, liquid, lozenge or other delivery system containing marijuana or any derivative thereof.
6. "Marijuana Testing Laboratory" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products and that meets the following:
a. Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and
b. Licensed by the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation; or
c. As otherwise defined under § 26001 of the California Business and Professions Code.
B. Prohibited Activities. Marijuana cultivation, marijuana processing, marijuana delivery and marijuana dispensaries shall be prohibited activities within the city of Murrieta, except where the city is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
C. Limited Exceptions. Notwithstanding § 16.44.250.B, the following shall be permitted subject to limitations:
1. The retail sale of industrial hemp products, with the exception of foods and supplements for consumption. Cultivation and processing of Industrial Hemp shall be prohibited activities within the City of Murrieta. No marijuana or cannabis products or graphics depicting marijuana or cannabis products shall be visible from the exterior of any property selling industrial hemp, or on any of the vehicles owned or used as part of the retail sales.
2. Marijuana Testing Laboratory shall be allowed in the Business Park (BP), General Industrial (GI), and General Industrial-A (GIA) Zone Districts consistent with Table 16.12-1: Use Table for Business Park and Industrial Districts and subject to the Conditional Use Permit requirements specified in § 16.52 and the following miscellaneous operating requirements.
a. No marijuana or cannabis products or graphics depicting marijuana or cannabis products shall be visible from the exterior of any property issued a marijuana testing laboratories permit, or on any of the vehicles owned or used as part of the marijuana testing laboratories. No outdoor storage of marijuana or cannabis products is permitted at any time.
b. Marijuana shall not be consumed or sampled by any testing lab employee, visitor, operator or vendor on the premises of any marijuana testing laboratories.
c. Odor control devices and techniques shall be incorporated in all marijuana testing laboratories to ensure that any odors from testing are not detectable off-site. Marijuana testing laboratories shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the marijuana testing laboratories that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the marijuana testing laboratories.
d. Prior to commencing operations, a marijuana testing laboratories shall be subject to all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), fire department approvals, Health Department approvals and other zoning and land use permit(s) and approvals.
e. Marijuana testing laboratories permits may be revoked for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter or as a result of the loss of any other applicable state or local license.
f. Suspension of a license issued by the State of California, or by any of its departments or divisions, shall immediately suspend the ability of a marijuana testing laboratories to operate within the City, until the State of California, or its respective department or division, reinstates or reissues the State license. Should the State of California, or any of its departments or divisions, revoke or terminate the license of a marijuana testing laboratories, such revocation or termination shall also revoke or terminate the ability of a marijuana testing laboratories to operate within the City of Murrieta.
D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this Municipal Code and the state of California.
E. Violations. Any violation of this chapter shall be punishable as provided in § 1.32.010 of this Municipal Code or any successor section thereto.
F. Conflicting Provisions. If any other provisions of the Municipal Code conflict with the provisions of this chapter as it relates to the regulation of land use related to marijuana, this chapter shall be controlling.
G. Severability. If any section, subsection, sentence or clause of this chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(Ord. 548 § 1, 2019; Ord. 507 § 3, 2016)