Chapter 9.100
MARIJUANA/MEDICAL MARIJUANA DECLARATION OF NUISANCE
Sections:
9.100.030 Declaration of nuisance.
9.100.010 Purpose.
The purpose and intent of this chapter is to declare that the establishment and operation of marijuana/medical marijuana dispensaries, the cultivation of marijuana/medical marijuana, the delivery of marijuana/medical marijuana, and the establishment of any and all commercial marijuana and/or medical marijuana businesses, activities, and uses, as defined herein, shall constitute an unlawful use and a public nuisance within the city of Cerritos. This chapter is not intended to interfere with a patient’s right to medical marijuana in accordance with applicable federal or state law, including California Health and Safety Code Section 11362.5. (Ord. 1018 § 2, 2017: Ord. 1002 § 3, 2016: Ord. 959 § 1 (part), 2011)
9.100.020 Definitions.
(a) “Commercial marijuana and/or medical marijuana activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana, medical marijuana, marijuana products, and/or medical marijuana products, except, as applicable, as set forth in Section 22.40.300(3).
(b) “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming and/or processing of marijuana plants or any part thereof.
(c) “Delivery” means the commercial delivery, transfer, the arrangement for delivery of, or the use of any technology platform to arrange for or to facilitate the commercial delivery of marijuana/medical marijuana, marijuana/medical marijuana edibles, or any marijuana/medical marijuana products to or from any location within the city of Cerritos, and any and all associated business and/or operational activities.
(d) “Dispensary” means any business, facility, or location, whether fixed or mobile, where marijuana and/or medical marijuana is made available to or distributed by or distributed to one or more of the following: a person, a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq.
(e) “Distribution” means the procurement, sale, and transport of marijuana, medical marijuana, marijuana products, and/or medical marijuana products between entities licensed for and/or engaged in commercial marijuana and/or medical marijuana activities.
(f) “Distributor” means an individual engaged in distribution of marijuana, medical marijuana, marijuana products, and/or medical marijuana products.
(g) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana and/or medical marijuana product.
(h) “Manufacturer” means a person that conducts the production, preparation, propagation, or compounding of marijuana, medical marijuana, marijuana products, and/or medical marijuana 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 marijuana, medical marijuana, marijuana products, and/or medical marijuana products or labels or relabels its container.
(i) “Marijuana” shall have the same definition as provided in the California Business and Professions Code Section 26001, for the term “cannabis,” and as may be amended, and means any or all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin or separated resin, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. It 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 cake or the sterilized seed of the plant incapable of germination. As used in this chapter, the term “cannabis” shall have the same meaning as “marijuana.”
(j) “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 marijuana or an edible or topical product containing marijuana or concentrated marijuana and other ingredients.
(k) “Medical marijuana” means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5 and Section 11362.7 et seq.
(l) “Medical marijuana dispensary” shall not include the following uses, as long as medical marijuana is distributed within the scope of the licensed use and the location of such use is otherwise regulated by this code or applicable federal or state law, including Health and Safety Code Section 11362.5 et seq.:
(i) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
(ii) A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
(iii) A facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
(iv) A residential care facility for persons with chronic life threatening illness, licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
(v) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or
(vi) A residential hospice, or home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
(m) “Medical marijuana product” means marijuana product used for medical purposes in accordance with state law, including California Health and Safety Code Section 11362.5 and Section 11362.7 et seq.
(n) “Microbusiness” shall have the same definition as provided in Section 26070 of the California Business and Professions Code, and as may be amended, and means a business which cultivates cannabis on an area less than ten thousand square feet and acts as a licensed distributor, Level 1 manufacturer, and retailer.
(o) “Nursery” means a person that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of marijuana and/or medical marijuana.
(p) “Person” means 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.
(q) “Retailer” shall mean a person engaged in the retail sale and/or delivery of marijuana, medical marijuana, marijuana products, and/or medical marijuana products to customers.
(r) “Testing laboratory” means a laboratory, facility, or entity that offers or performs tests on marijuana, medical marijuana, marijuana products, and/or medical marijuana products. (Ord. 1018 § 3, 2017: Ord. 1008 § 3, 2016; Ord. 1002 § 4, 2016: Ord. 959 § 1 (part), 2011)
9.100.030 Declaration of nuisance.
It is unlawful and it shall be a public nuisance to establish, maintain, or operate a marijuana/medical marijuana dispensary, to cultivate marijuana/medical marijuana outdoors, to cultivate more than six living marijuana plants indoors in violation of Section 22.40.300, to provide delivery services of marijuana/medical marijuana, or to establish, maintain, or operate any form of commercial marijuana and/or medical marijuana business, activity, or use, as defined in Section 9.100.020, in the city of Cerritos. (Ord. 1018 § 4, 2017: Ord. 1008 § 4, 2016: Ord. 1002 § 5, 2016: Ord. 959 § 1 (part), 2011)