Chapter 15.40
MARIJUANA (CANNABIS) REGULATION
Sections:
15.40.010 Purpose.
The purpose of this chapter is to regulate personal, medical, and commercial marijuana uses. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law. [Ord. 2016-181 § 5; Ord. 2015-172 § 5].
15.40.020 Personal use.
A. For purposes of this section, personal recreational use, possession, purchase, transport, or dissemination of marijuana shall be considered unlawful in all areas of the city to the fullest extent that California law and federal law allow.
B. Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
C. Indoor Cultivation.
1. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located on the grounds of a private residence, or inside any other enclosed structure within any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
2. To the extent that a complete prohibition on indoor cultivation is not permitted by California law, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside a private residence, or inside an accessory structure to a private residence located on the grounds of a private residence, unless the person is issued an indoor cultivation permit by the planning division. A person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure that is not either a private residence or an accessory structure to a private residence located on the grounds of a private residence. Before a person may engage in indoor cultivation, he or she must obtain a permit from city and affirm under penalty of perjury on the permit application form that the person will comply with all applicable standards and agree to indemnify and defend the city against any claim resulting from or related to the person’s cultivation activities.
3. The planning department will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements. [Ord. 2016-181 § 5].
15.40.030 Medical use.
A. Cultivation of medical marijuana pursuant to California Health and Safety Code Section 11362.77 is subject to the cultivation requirements laid out in AVMC 15.40.020.
B. The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts 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 of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district. [Ord. 2016-181 § 5].
15.40.040 Commercial use.
A. The establishment or operation of any commercial marijuana activity or marijuana business (whether for-profit or nonprofit) is prohibited. 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 any such business or operation. Such prohibited businesses or operations include, but are not limited to:
1. The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;
2. The cultivation of marijuana;
3. The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or
4. Any other business licensed by the state or other government entity under California Business and Professions Code Division 10, as it may be amended from time to time. [Ord. 2016-181 § 5; Ord. 2015-172 § 5. Formerly 15.40.020].
15.40.050 Violations.
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in Chapter 1.06 AVMC and/or under state law. [Ord. 2016-181 § 5; Ord. 2015-172 § 5. Formerly 15.40.030].