For the purposes of this chapter, the following definitions shall apply.
CANNABIS. Has the same meaning as that term is defined by Cal. Business and Professions Code § 26001.
CANNABIS BUSINESS. Any business engaged in commercial cannabis activity including, but not limited to, a cannabis dispensary, and a cannabis testing laboratory.
(1) CANNABIS BUSINESS shall not include any of the following, as long as the location of such uses are otherwise regulated by this code or applicable law including Cal. Health and Safety Code §§ 1136.7 et seq.:
(a) A clinic licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 1.
(b) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 3.01.
(c) A residential care facility for the elderly licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 3.2.
(d) A residential hospice or a home health agency licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 8 and Chapter 8.5.
(2) CANNABIS BUSINESS as defined herein is not intended, nor shall it be construed, to apply to the cultivation, delivery, gift, or furnishing of cannabis by a qualified patient, a primary caregiver, or other person with an identification card as defined in Cal. Health and Safety Code §11362.7 provided such activity complies strictly with all applicable state law, including but not limited to, Cal. Health and Safety Code §§ 11362.5 and 11362.765.
CANNABIS DELIVERY. Any cannabis business that, pursuant to a Type 10 or Type 12 state cannabis license, delivers, makes available, or distributes cannabis and cannabis products to a consumer.
CANNABIS DISPENSARY. Any physical location where medicinal or adult use cannabis or cannabis products are sold at retail to customers pursuant to Business and Professions Codes §§ 26000 et seq.
CANNABIS FOR PERSONAL USE. The use or possession of cannabis that does not require a license pursuant to Cal. Business and Professions Code §§ 26000 et seq.
CANNABIS TESTING LABORATORY. A laboratory licensed pursuant to Business and Professions Codes §§ 26100 et seq. that meets the accreditation criteria in the International Organization for Standardization (ISO) guidelines known as ISO 17025. A Cannabis Testing Laboratory may test for cannabinoids, pesticides, water activity (microbial growth), and other substances in cannabis and cannabis products. A Cannabis Testing Laboratory may conduct other testing unrelated to cannabis.
COMMERCIAL CANNABIS ACTIVITY. Includes the cultivation, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, including industrial manufacturing activities, or sale of cannabis or cannabis products that require a state license pursuant to Medicinal and Adult-Use Cannabis Regulation and Safety Act (Cal. Business and Professions Code §§26000 et seq.).
COMMERCIAL CANNABIS WASTE. Cannabis plants and plant materials that are discarded by a cannabis business, including but not limited to extra vegetative plants, failed clones, and harvest waste. Said waste shall be documented, shredded, blended 50/50 with shredded cardboard or paper, bagged up, and taken to a transfer station/landfill. Any reuse or recycling of the shredded materials for hemp paper or cloth shall be covered under a development agreement or conditional use permit. This definition shall not apply to indoor cultivation.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
CULTIVATION SITE. The location where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where any combination of those activities occur.
DAY CARE. A facility, center, or home requiring a license that is issued by the State of California which provides for the care, health, safety, supervision, or guidance of a child’s social, emotional, and educational growth on a regular basis, in a place other than the child’s own home, or any facility meeting the definition of California Health and Safety Code §1596.76.
GROUP HOME. Any community care facility regulated and licensed by a federal or state agency. Unlicensed community care facilities or those community care facilities the regulation of which is not otherwise preempted by state or federal law shall not constitute group homes.
INDOOR CULTIVATION. The cultivation of cannabis for personal use within a fully enclosed and secure structure that has a complete roof in which cannabis plants cannot be seen from any public right of way. Indoor cultivation does not include any commercial cannabis activity.
OUTDOOR CULTIVATION. The cultivation of cannabis that does not meet the definition of indoor cultivation.
PRIMARY CAREGIVER. Has the same meaning as that term is defined by Cal. Health and Safety Code §§ 11362.7.
QUALIFIED PATIENT. Has the same meaning as that term is defined by Cal. Health and Safety Code §§ 11362.7.
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, or similar amusement park facilities.
(Ord. 2017-007, passed 8-22-17)