(A) Intent And Purpose:
1. Federal law prohibits the possession, cultivation, use and distribution of cannabis, and in order to serve the public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this section is to prohibit all commercial cannabis activity within the City, as provided in this section.
2. California Business and Professions Code section 19320(a) provides that a person must hold both a State and local license to engage in commercial cannabis activity for medical purposes. California Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for a non-medical cannabis business if approval of the State license will violate the provisions of any local ordinance.
3. The prohibition of all commercial cannabis activity, for medical, non-medical, or any other purpose, is necessary for the preservation and protection of the public health, safety, and welfare of the City and its community. The prohibition of such activity is within the authority conferred upon the City by the State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community.
(B) Definitions: For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
AUMA: The Adult Use of Marijuana Act, otherwise known as Proposition 64 passed into law by the voters of California on November 9, 2016.
ADULT USE CANNABIS: Means the non-medical use of cannabis by adults of age twenty one (21) and over as permitted by MAUCRSA and other applicable State and City laws.
ADULT USE PERMITTEE: Means a person who is issued a City permit to engage in commercial cannabis activity with respect to non-medical adult use cannabis in accordance with applicable City law and State law.
BCC: Is the Department of Consumer Affairs Bureau of Cannabis Control that issues all annual and temporary State licenses for medical and adult-use related commercial cannabis distributors, transport only, retailers and non- storefront retailers, microbusinesses, testing laboratories, cannabis event organizers, and temporary cannabis events.
CUP: Means a conditional use permit issued by the City in accordance with this Code.
CALCANNABIS: Is the California Department of Food and Agriculture CalCannabis Cultivation Licensing Division that issues all annual and temporary State licenses for medical and adult-use commercial cannabis cultivation.
CANNABIS: Shall have the meaning assigned to the term "marijuana" as set forth in Health and Safety Code section 11018.
CANNABIS EVENT LICENSE, TEMPORARY: Means a State commercial cannabis license issued by the BCC subject to chapter 5, division 42 Bureau of Cannabis Control, title 16 of the California Code of Regulations.
CANNABIS EVENT ORGANIZER: Means an individual issued a State commercial cannabis license by the BCC subject to chapter 5, division 42 Bureau of Cannabis Control, title 16 of the California Code of Regulations.
CANNABIS PERMIT: Means a permit issued by the City, and a license issued by the State, in each case, in accordance with, and to the extent required by, applicable State law, in order to participate in a commercial cannabis activity, such as cultivation, manufacturing, distribution, transportation, testing, retail sale, or delivery.
CANNABIS PERMITTEE: Means a person who holds a cannabis permit.
CANNABIS PREMISES: Means: 1) a building, 2) a defined portion of or unit in a building with a separate mailing address, or 3) a parcel of real property, in each case, where a specified user, owner, tenant, or City permittee is utilizing the space for commercial cannabis activity. In a building with multiple units, each defined unit shall be deemed a single cannabis premises.
CANNABIS PRODUCT: Shall have the meaning assigned to the term "marijuana product" as set forth in Health and Safety Code section 11018.1.
CANOPY: Means the designated area(s) at a licensed premises, except nurseries, that will contain mature plants at any point in time.
CITY: Means the City of Taft.
CITY CODE: Means the City of Taft Municipal Code.
CITY MANAGER: Means the individual duly appointed by a majority of the City Council to serve in the capacity as Executive Officer of the City on a permanent or interim basis or such other official as designated by the City to fulfill such duties.
CITY PERMIT: Means a cannabis permit issued by the City.
CITY PERMITTEE: Means a person that has been issued a City permit.
COMMERCIAL CANNABIS ACTIVITY: Shall: 1) have the meaning assigned to the term "commercial marijuana activity" as set forth in Business and Professions Code section 26001(g) when the context of such use of the term "commercial cannabis activity" is with respect to medical and adult use cannabis under MAUCRSA, and 2) have the meaning assigned to the term "commercial cannabis activity" as set forth in Business and Professions Code section 19300.5(j) when the context of such use of the term "commercial cannabis activity" is with respect to medical cannabis under MAUCRSA.
CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
CULTIVATION, INDOOR: Means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty five (25) watts per square foot.
CULTIVATION, OUTDOOR: Means the cultivation of mature cannabis without the use of artificial lighting in the canopy area at any point in time.
DELIVER OR DELIVERY: Means the commercial transfer or delivery of cannabis or cannabis products to a customer, patient, primary caregiver or cannabis permittee.
DISTRIBUTION: Means the procurement, sale, and transport of cannabis and cannabis products between cannabis permittees, subject to chapter 2, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.
FULLY ENCLOSED AND SECURE STRUCTURE: Means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is reasonably secure against unauthorized entry, provides complete visual screening or is behind fencing or other features providing complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors. For the avoidance of doubt, this shall not prohibit a full greenhouse facility provided that the combination of fencing and other physical barriers provides a reasonably secure barrier to entry.
HEALTH AND SAFETY CODE: Means the California Health and Safety Code, as amended from time to time.
INDOOR: Means within a fully enclosed and secure structure.
MAUCRSA: The Medical and Adult-Use Cannabis Regulation and Safety Act an approval of Senate Bill 96 by the State legislature on June 27, 2017, effective immediately, which amended the MCRSA and AUMA.
MCRSA: The Medical Cannabis Regulation and Safety Act an approval of Senate Bill 837 by the State Legislature on June 27, 2016, effective immediately, which amended the MMRSA.
MMRSA: The Medical Marijuana Regulation and Safety Act signed by Governor Brown on October 9, 2015, effective January 1, 2016.
MANUFACTURE: Means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
MEDICAL CANNABIS PERMITTEE: Means a person who is issued a City permit to engage in commercial cannabis activity with respect to medical use cannabis in accordance with applicable City law and State law.
MICROBUSINESS: Means a cannabis permittee and cannabis premises that engages in at least three (3) commercial cannabis activities on the same licensed premises, including cultivation, manufacturing, distribution, and retail sales. The commercial cannabis activities shall be limited to any cultivation license type, a type 6 manufacturer license, a type 11 distributor license, type 10 retailer or type 9 non- storefront retailer license subject to chapter 4, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.
MODULAR BUILDING: Means a structure that is transportable in one or more sections and is designed and equipped for the manufacturing of cannabis products.
NURSERY: Means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.
OUTDOORS: Means any location within the City that is not within a fully enclosed and secure structure.
PERMIT ZONE: Means, with respect to a person holding a City permit, the zones or portions of the City where such City permit type is permitted to operate. Such permit zones may be amended from time-to-time by a majority vote of the City Council. To the extent not otherwise specified in this definition, a cannabis permittee shall be able to operate in any portion of the City which complies with the zoning, radius and other requirements of this section.
PERSON: Includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
PHYSICIAN SERVICES: Means the consultation by a State- licensed physician of a patient with the possible recommendation by such physician of medical cannabis for such patient.
PROCESS, PROCESSING, AND PROCESSES: Means all activities associated with drying, curing, grading, trimming, storing, packaging, and labeling of nonmanufactured cannabis products.
RETAIL ESTABLISHMENT: Means a premises where cannabis or cannabis products are offered, either individually or in any combination, for retail sale or delivery pursuant to State law, including MAUCRSA for recreational and medical cannabis, including an establishment that sells and delivers cannabis or cannabis products to customers, patients or primary caregivers subject to chapter 3, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.
SOLVENT, NONVOLATILE: Means any solvent used in the extraction process that is not a volatile solvent, such as carbon dioxide and ethanol.
SOLVENT, VOLATILE: Means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures, such as butane, hexane, and propane.
STATE: Means the State of California.
STATE ADULT USE LICENSE: Means a State license issued pursuant to division 10, commencing with section 26000, of the Business and Professions Code, as amended or replaced.
STATE LAW: Means all laws of the State, including all rules and regulations adopted by State agencies and State regulatory entities.
STATE MEDICAL LICENSE: Means a State license issued pursuant to chapter 3.5, commencing with section 19300, of the Business and Professions Code, as amended or replaced.
THC: Means the compound tetrahydrocannabinol.
TESTING: Means the laboratory testing of the quality, makeup or purity of cannabis and cannabis products subject to chapter 6, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.
TRACK-AND-TRACE SYSTEM: Means the State approved system used to track commercial cannabis activity and movement, subject to article 5 Records and Reporting, chapter 1 Cannabis Cultivation Program, division 8 Cannabis Cultivation, title 3 Food and Agriculture, California Code of Regulations.
TRANSPORT: Means the transfer of cannabis and cannabis products from the business location of one cannabis permittee to the business location of another cannabis permittee, for the purposes of conducting commercial cannabis activity.
VOLATILE SOLVENT: Means a Class I flammable liquid as defined by the National Fire Protection Association, including butane and propane.
(C) Commercial Cannabis Activity Prohibited:
1. Commercial cannabis activity, whether or not for profit, is not a permitted use within the City of Taft. The City shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for medical or adult-use commercial cannabis activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, or any other act of provision of law that licenses cannabis businesses.
2. It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the City.
3. All deliveries of cannabis or cannabis products to or from any location in the City are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.
4. Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty one (21) years of age or older without compensation whatsoever.
5. All outdoor cannabis cultivation is prohibited in the City. Indoor cannabis cultivation is prohibited except as specified in section 6-4-5 of this title.
(D) Personal Cannabis Use Exceptions: To the extent that the following activities are permitted by State law, nothing in this section shall prohibit a person twenty one (21) years of age or older from:
1. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;
2. Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, up to eight grams (8g) of cannabis in the form of concentrated cannabis;
3. Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code section 11362.3;
4. Engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, and to the extent that the cultivation complies with section 6-4-5 of this title.
(E) Enforcement: Any commercial cannabis activity within the City is considered a violation of this section and is hereby declared to be unlawful and a public nuisance.
1. Any person who willfully or knowingly: a) engages in a violation of this section or b) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this section is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this section.
2. Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.
3. Any person in violation of any provision of this section or who causes another person to be in violation of this section shall have committed a misdemeanor. In addition which shall be punishable by a fine of one thousand dollars ($1,000.00) for each violation and for each day the applicable violation continues to persist.
4. Any person in violation of any provision of this section shall be punishable by an administrative fine of one thousand dollars ($1,000.00) per offense.
5. These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City. (Ord. 831-18, 3-20-2018; amd. Ord. 832-18, 4-17-2018)