For purposes of this subchapter, the following definitions shall apply:
AUTHORIZED GROWER. A person 21 years and older who is authorized by, and in compliance with, state law and the provisions of this subchapter relating to the cultivation of cannabis for personal use.
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, and any product containing cannabis. CANNABIS includes cannabis that is used for medical, non-medical, 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.
COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of cannabis and cannabis products for non-medical, medical or any other purpose, and includes the activities of any business licensed by the state or other government entity under Cal. Bus. & Prof. Code, Div. 10 or any other provision of state law that regulates the licensing of cannabis businesses.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer.
FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building that complies with the California Building Code (“CBC”) as adopted by the City of San Gabriel, or if exempt from the permit requirements of the CBC, a structure that has a complete 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. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two-inch by four-inch nominal or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Plastic sheeting, regardless of the mil or inches, or similar products do not satisfy this requirement. If skylights are used, security bars shall be added to the skylights. The structure must provide complete visual screening.
INDOORS. Within a fully enclosed and secure structure.
MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act, as codified in Cal. Bus. & Prof. Code, Div. 10 (§§ 26000 et seq.) as the same may be amended from time to time.
OUTDOORS. Any location that is not within a fully enclosed and secure structure.
PERSON. Any person, firm, corporation, partnership, joint venture, limited liability company, collective, cooperative, non-profit, trust, estate, association, club, receiver, syndicate, society, or other organization. The term PERSON shall include any owner, manager, proprietor, employee, volunteer or salesperson.
PRIVATE RESIDENCE. A house, apartment unit, condominium, mobile home, or other similar dwelling that is lawfully used as a residence.
(Ord. 642-C.S., passed 12-19-17)