The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
“AUMA” means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time.
“Commercial marijuana activity” is the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery or sale of marijuana and marijuana products. Commercial marijuana activity includes the activities of any business licensed by the state or other government entity under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
However, the planting, cultivation, harvesting, drying, curing, grading, trimming or processing of no more than six marijuana plants consistent with Section 11362.1 et seq., of the Health and Safety Code shall not be considered commercial marijuana activity provided it meets the following requirements:
1. The marijuana cultivation cannot occur outdoors.
2. The marijuana cultivation may only occur at a private residence, or inside a “fully enclosed and secure accessory structure” located upon the grounds of a private residence.
“Concentrated cannabis” shall have the same meaning as “cannabis concentrate” as defined in Business and Professions Code Section 19300.5, as the same may be amended from time to time.
“Cultivation” is any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana.
“Delivery” is the commercial transfer of marijuana or marijuana products to a customer and also includes the use of any technology platform by a retailer owned and controlled by the retailer, or independently licensed under California law, that enables, arranges for, or facilitates the commercial transfer by a licensed retailer of marijuana or marijuana products. “Delivery” shall also be construed to include, but not be limited to, all “delivery” activities as defined in Business and Professions Code Section 19300.5(m) as may be amended from time to time.
“Dispensary” is any facility, location, vehicle, or activity whereby marijuana, marijuana products, or devices for the use of marijuana are offered, either individually or in any combination, for retail sale, whether mobile or stationary, including an establishment that delivers marijuana and marijuana products as part of a retail sale. The term “dispensary” shall be construed to include, but not be limited to, all “dispensary” and retail facilities as defined in Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time. The term “dispensary” shall be broadly and liberally interpreted to achieve the purpose of this chapter.
“Distribution” is the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Chapter 3.5 of Division 8 or Division 10 of the Business and Professions Code, as they may be amended from time to time.
“Fully enclosed and secure accessory structure” means any building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
“Marijuana” is 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. “Marijuana” also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. “Marijuana” shall be construed to include, but not be limited to, “cannabis” as defined in Business and Professions Code Section 19300.5(f) as may be amended from time to time. It does not include:
1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or
2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
“Marijuana product” means marijuana 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 marijuana or concentrated cannabis and other ingredients.
“MCRSA” means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. The MCRSA was formerly known as the Medical Marijuana Regulation and Safety Act.
“Outdoors” means any location that is not within a fully enclosed and secure structure.
“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.
“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling, whether legal and conforming to the underlying zoning, or legal and nonconforming to the underlying zoning, that is currently in use as a residence. (Ord. 355 § 1, 2017; Ord. 342 § 3, 2016; Ord. 291 § 1, 2009)