For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) “CANNABIS” or “MARIJUANA” shall mean 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” or “MARIJUANA” also means the separated resin, whether crude or purified, obtained from Cannabis. “CANNABIS” or “MARIJUANA” also includes cannabis that is used for medical, non-medical, or other purposes. “CANNABIS” or “MARIJUANA” 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 case, or the sterilized seed of the plant which is incapable of germination. “CANNABIS” or “MARIJUANA” also does not include industrial hemp, as defined in California and has the same definition as Cal. Health and Safety Code § 11018.5.
(B) "CANNABIS/MARIJUANA ACCESSORIES" means any equipment, products or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis or Cannabis products into the human body.
(C) "CANNABIS/MARIJUANA PRODUCT" 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.
(D) "CANNABIS TESTING LABORATORY" means a laboratory, facility, or entity that offers or performs tests of both adult use and medical cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body (i.e. International Organization for Standardization (ISO)) that is independent from all other persons involved in commercial cannabis activity in the state, and (2) is licensed by the Bureau of Cannabis Control.
(E) “COMMERCIAL CANNABIS ACTIVITY” means cultivation, manufacture, processing, storing, labeling, transporting, distribution, delivery or sale of cannabis or a cannabis product for medical, non- medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the Cal. Bus. and Prof. Code, or any provision of state law that regulates the licensing of cannabis businesses. This definition includes operation of a dispensary, mobile marijuana dispensary and cannabis delivery activities. This definition does not include Cannabis testing laboratories.
(F) "CONCENTRATED CANNABIS" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. "CONCENTRATE" includes resin from granular trichomes from a Cannabis plant.
(G) "CULTIVATION OF CANNABIS" or "CANNABIS CULTIVATION" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
(H) “DELIVERY” means 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. The term “DELIVERY” does not include the distribution of cannabis from a mobile marijuana dispensary.
(I) “DISPENSARY” means a facility where Cannabis, Cannabis products, or devices for the use of Cannabis or Cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers Cannabis and Cannabis products as part of a retail sale.
(J) "DISTRIBUTION" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the Cal. Bus. and Prof. Code, as they may be amended from time to time.
(K) "FULLY-ENCLOSED ACCESSORY STRUCTURE" means a structure or part of a structure not exceeding 12 feet in height, which is physically detached from the main building on the lot and the use of which is incidental to that of the main building or use on the same lot. A structure that is incorporated within the continuous roofline of the primary structure is part of the primary structure and is therefore exempt from this definition.
(L) "MANUFACTURE CANNABIS" means to compound, blend, extract, infuse, or otherwise prepare a Cannabis product.
(M) "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Bus. and Prof. Code, as the same may be amended from time to time.
(N) "MOBILE MARIJUANA DISPENSARIES" means any dispensary, clinic, cooperative, association, club, business, or group which transports or delivers, or arranges the transportation or delivery, of medical Cannabis to a person or conducts sales of Cannabis from a non-fixed location.
(O) "PERSON" means any individual, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.
(P) "PERSONAL CANNABIS CULTIVATION" means Cannabis cultivation of six or fewer live Cannabis plants within a single private residence or a fully-enclosed accessory structure that is accessory to a private residence in accordance with Cal. Health & Safety Code § 11362.2.
(Q) "PRIVATE RESIDENCE" means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
(Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17)