Chapter 18.18
18.18.010: PURPOSE:
18.18.020: DEFINITIONS:

18.18.010: PURPOSE: linklink

The purpose of this chapter is to enact and enforce a ban on all marijuana dispensaries and marijuana manufacturers, and the cultivation, and delivery of marijuana located within the City limits. This chapter is declarative of existing law. Nothing in this chapter shall preempt or make inapplicable any provision of State or Federal law. (Ord. 2851, 2017)
18.18.020: DEFINITIONS: linklink

For purposes of this chapter, the following definitions shall apply:

CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

DELIVERY: Means the transfer of marijuana or marijuana products, including the use of any technology platform to arrange for or facilitate the transfer of marijuana, whether or not carried on for profit, and includes origination or termination within the City as well as a delivery business.

INDOORS: Means space within a building, greenhouse, or other structure which is fully enclosed, with a complete roof enclosure supported by connecting walls extending from the ground to the roof, and is secured against unauthorized entry, and accessible only through one or more locking doors, and is in all respects compliant with this Code.

MARIJUANA: Means 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 marijuana. "Cannabis" also means marijuana as defined by section 11018 of the Health and Safety Code as enacted by chapter 1407 of the statutes of 1972.

MARIJUANA 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 wholesale or retail sale, including an establishment that delivers cannabis and cannabis products either wholesale or as part of a retail sale.

MARIJUANA MANUFACTURER: Means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

PRIVATE RESIDENCE: Means a house, an apartment unit, a mobile home, or similar dwelling unit. (Ord. 2851, 2017)
18.18.030: PROHIBITED ACTIVITIES: linklink

A. Commercial marijuana activity is hereby prohibited in the City. No person shall engage in any commercial marijuana activity. No permit, license or other authorization shall be issued for any commercial marijuana activity. This prohibition does not apply to the carriage of marijuana on public roads in the City to the extent required by sections 19338(b), 19340(f), 26080(b), and 26090(c) of the California Business and Professions Code. Marijuana dispensaries, cultivation, cannabis manufacturers, and delivery of cannabis, as defined herein, shall be considered prohibited uses in all zoning districts, including specific plans, of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of dispensaries, cannabis cultivation, cannabis manufacturers, and delivery of cannabis as defined herein in any zoning district or specific plan, and no person shall otherwise establish such businesses or operations in any zoning district or specific plan.

B. To the extent not already covered by subsection A of this section, delivery of marijuana is prohibited. No person shall conduct delivery or participate in the delivery of marijuana.

C. Cultivation of marijuana is prohibited, except indoors at a private residence as authorized by section 11362.2(a) of the California Health and Safety Code. Marijuana grown indoors shall be completely screened from view from public places and neighboring properties. Nothing in this chapter is intended to, nor shall this chapter be construed to, preclude any owner of real property from limiting or prohibiting marijuana cultivation by such owner's tenants.

D. No person shall smoke or ingest marijuana in any public place. (Ord. 2851, 2017)
18.18.040: PUBLIC NUISANCE DECLARED: linklink

Marijuana cultivation, marijuana delivery, and the operation of any marijuana business or marijuana dispensary in violation of the provisions of this Code including, without limitation, this chapter, is hereby declared a public nuisance and may be abated or enjoined pursuant to all remedies available to the City. (Ord. 2851, 2017)
18.18.050: PENALTY FOR VIOLATION: linklink

Violations of this chapter may be enforced by any applicable law; provided, however, that a person who is in full compliance with the Compassionate Use Act1 ("CUA") and the Medical Marijuana Program Act2 ("MMPA") shall not be subject to criminal penalties and nothing in this chapter is intended, nor shall it be construed, to conflict with or burden any defense to criminal prosecution under the CUA and the MMPA. Notwithstanding the foregoing and in addition to the specific prohibitions set forth in this Code, this chapter is intended to prohibit all activities for which a license from the State of California is required and for which an exemption is granted under the Medical Marijuana Regulation and Safety Act (stats. 2015, c. 689 (AB 266); stats. 2015, c. 688 (AB 243); stats. 2015, c. 719 (SB 643)) ("MMRSA"). Accordingly, the City shall not issue any permit, license, approval or other entitlement for any activity for which a license from the State of California is required or for which an exemption is granted under the MMRSA. Notwithstanding the foregoing, nothing in this chapter is intended or shall be interpreted as limiting the City's rights under all applicable laws, rules and regulations, including, but not limited to, its police powers and applicable case law, to regulate the storage, cultivation, selling, delivery or other distribution or dispensing of marijuana or marijuana-related products. (Ord. 2851, 2017)

Footnotes - Click any footnote link to go back to its reference.
Footnote 1: HSC § 11362.5.
Footnote 2: HSC § 11362.7 et seq.