For purposes of this chapter, the following definitions shall apply:
AUMA: Means the Control, Regulate and Tax Adult Use of Marijuana Act approved by California voters as Proposition 64 on November 8, 2016.
ACT: Means the Medical Marijuana Regulation and Safety Act, now called the Medical Cannabis Regulation and Safety Act ("MCRSA"), including implementing regulations, as the Act and implementing regulations may be amended from time to time. The terms Act, MCRSA, Medical Marijuana Regulation and Safety Act, Medical Cannabis Regulation and Safety Act, may be used interchangeably, but shall have the same meaning.
CANNABIS OR MARIJUANA: Shall have the meaning set forth in California Business and Professions Code section 26001, as that section may be amended from time to time. Cannabis and marijuana may be used interchangeably, but shall have the same meaning.
COLLECTIVE OR COOPERATIVE CULTIVATION: Means the association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as may be allowed under the Compassionate Use Act, the Medical Marijuana Program Act, or the California Medical Cannabis Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643.
COMMERCIAL MARIJUANA OPERATION: Means any commercial cannabis activity as set forth in California Business and Professions Code section 26001(k), as that section may be amended from time to time, and allowed under the Act, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for adult use cannabis.
CULTIVATION: Shall be defined in accordance with the AUMA, the MCRSA, the MAUCRSA, Business and Professions Code section 26001, as that section may be amended from time to time, and other applicable State laws.
CULTIVATION AREA: Means a fully enclosed and secure area within a private residence or accessory structure to a private residence that is located on the same parcel as the private residence that is used for personal cultivation, and which has a complete and solid roof supported by connecting walls extending from the ground to the roof which is secure against unauthorized entry, is not accessible by minors, provides complete visual screening, and is accessible only through one or more lockable points of entry.
DELIVERY: Shall have the same meaning set forth in California Business and Professions Code section 26001(p), as that section may be amended from time to time, and includes the commercial transfer of cannabis, medicinal cannabis, or cannabis products to a customer, as well as the use of any technology platform that enables any person to arrange for or facilitate the transfer.
MAUCRSA: Means the Medicinal and Adult-Use Cannabis Regulation and Safety Act found in Business and Professions Code section 26000, et seq.
MARIJUANA DISPENSARY OR DISPENSARY: Means any facility, establishment, or location, whether fixed or mobile, and any building or structure, where cannabis is made available to, distributed by, or distributed to more than two (2) persons.
MARIJUANA PRODUCTS: Means 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. "Marijuana products" includes the definition of "cannabis products" and may be used interchangeably, but shall have the same meaning.
MEDICAL MARIJUANA OR MEDICAL MARIJUANA USE: Means the use of cannabis for medical or medicinal purposes as set forth in the Compassionate Use Act and the Medical Marijuana Program Act, California Health and Safety Code sections 11362.5 and 11362.7 et seq.
PERSONAL CULTIVATION: Means the personal non-commercial cultivation of cannabis by an individual twenty one (21) years of age or older for personal use in a proper cultivation area. Personal cultivation shall include the non-commercial actions of planting, growing, harvesting, drying and processing cannabis for personal use. All personal cultivation shall be subject to the regulations imposed by the AUMA and this Code.
PERSONAL CULTIVATION PERMIT: Means a City permit to cultivate cannabis for personal use pursuant to the terms and conditions of this chapter and the conditions of approval for the permit.
PERSONAL CULTIVATION PERMITTEE: Means an applicant who has applied for and has been issued a personal cultivation permit by the City pursuant to the terms and conditions of this chapter.
PERSONAL USE OR ADULT USE: Means the smoking, consumption, or ingestion of cannabis or cannabis products by an individual twenty one (21) years of age or older. Personal use and adult use may be used interchangeably, but shall have the same meaning, and includes cannabis consumption by means of vaporizers and electronic cigarettes.
PRIVATE RESIDENCE: Means a house, apartment unit, condominium, mobile home or similar dwelling.
RECREATIONAL MARIJUANA OR RECREATIONAL MARIJUANA USE OR ADULT USE: Means all uses of cannabis not included within the definition of medical marijuana use. Recreational and adult use may be used interchangeably, but shall have the same meaning. (Ord. 2018-005, 9-25-2018)