Skip to code content (skip section selection)
For purposes of this chapter, the following definitions shall apply:
CANNABIS. Shall have the same meaning as “marijuana” as defined in this section.
CITY. The City of San Joaquin.
COLLECTIVE OR COOPERATIVE CULTIVATION. 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 Marijuana Regulation and Safety Act adopted on October 9, 2015 with legislative bills AB 243, AB 266, and SB 643 (“MMRSA”).
COMMERCIAL MARIJUANA ACTIVITY. Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.
CONSUMPTION OF MARIJUANA. Smoking or ingesting marijuana or marijuana products.
CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana.
DELIVERY. As defined in the MMRSA, Cal. Business and Professions Code § 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of medical marijuana and medical marijuana products from a dispensary as well as the use of any technology platform that enables qualified patients and caregivers to arrange for or facilitate the transfer.
DISTRIBUTION. The procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.
LICENSEE. The holder of any state issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Cal. Business and Professions Code, §§ 26000 et seq.
LIMITED HOME CULTIVATION. Cultivation of up to six living marijuana plants, and possession of the marijuana produced by those plants, within the private residence of the person cultivating them or within an accessory structure to the person’s private residence on the same grounds.
MARIJUANA. Shall have the meaning set forth in the MMRSA § 11018, which provides that “MARIJUANA means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; 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. It 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.”
MARIJUANA DISPENSARY or DISPENSARY. Any facility 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 persons.
MARIJUANA PRODUCTS. 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.
MEDICAL MARIJUANA OR MEDICAL MARIJUANA USE. The use of cannabis for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Regulation and Safety Act, Cal. Health and Safety Code §§ 11362.5 and 11362.7 et seq.
PRIVATE RESIDENCE. A house, an apartment unit, a mobile home, or other similar dwelling that is a “residential dwelling unit,” as defined by the Cal. Building Code (24 Cal. Code Regs. § 202), that is fully enclosed and secured with a lock, and that is the primary residence of the person in possession.
RECREATIONAL MARIJUANA OR RECREATIONAL MARIJUANA USE. All uses of marijuana not included within the definition of medical marijuana use.
SALE. Includes any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
Any term defined in this section also means the very term as defined by the Cal. Business and Professions Code or the Cal. Health and Safety Code, unless otherwise specified.
(Ord. 2016-105, passed 12-6-2016)