Chapter 5.58
MARIJUANA REGULATIONS
Sections:
5.58.020 Operation of medical marijuana dispensaries prohibited.
5.58.030 Medical marijuana cultivation prohibited.
5.58.040 Medical marijuana delivery prohibited.
5.58.050 Operation of commercial medical marijuana businesses prohibited.
5.58.060 Nonmedical marijuana delivery prohibited.
5.58.070 Operation of commercial nonmedical marijuana businesses prohibited.
5.58.080 Outdoor nonmedical marijuana cultivation.
5.58.090 Indoor nonmedical marijuana cultivation.
5.58.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, the following definitions shall apply:
A. “Commercial medical marijuana business” means any activity licensed pursuant to the Medical Cannabis Regulation and Safety Act, Business and Professions Code Section 19300 et seq., including but not limited to medical marijuana cultivation, distribution, manufacturing, transporting and testing.
B. “Commercial nonmedical marijuana business” means any activity licensed by Business and Professions Code Section 26000 et seq., including but not limited to nonmedical marijuana cultivation, distribution, manufacturing, retail, testing, and operation of a microbusiness.
C. “Fully enclosed and secure structure” means a space within a building that complies with the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one (1) or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with nontransparent material.
D. “Indoors” means inside a fully enclosed and secure structure or within a private residence.
E. “Medical marijuana” is marijuana authorized in strict compliance with Health and Safety Code Section 11362.5 et seq.
F. “Medical marijuana delivery” means the transfer of medical marijuana or medical marijuana products from a medical marijuana dispensary to a qualified patient or primary caregiver, as well as the use by a dispensary of any technology platform to arrange for or facilitate the transfer of medical marijuana or medical marijuana products.
G. “Medical marijuana dispensary” means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to two (2) or more qualified patients, persons with an identification card, or primary caregivers, or combination thereof.
A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
3. 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.
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
5. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
H. “Medical marijuana cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of medical marijuana.
I. “Nonmedical marijuana” means marijuana that is intended to be used for nonmedical purposes pursuant to Health and Safety Code Section 11362.1 et seq.
J. “Nonmedical marijuana cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof pursuant to Health and Safety Code Section 11362.1 et seq. as those sections may be amended from time to time.
K. “Nonmedical marijuana delivery” means the commercial transfer of nonmedical marijuana or nonmedical marijuana products to a person, including any technology that enables persons to arrange for or facilitate the commercial transfer of nonmedical marijuana or nonmedical marijuana products.
L. “Nonmedical marijuana products” means nonmedical 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 tropical product containing marijuana or concentrated cannabis and other ingredients.
M. “Outdoors” means any location within the city that is not within a fully enclosed and secure structure or a private residence.
N. “Person with an identification card” shall have the meaning given that term by Health and Safety Code Section 11362.7.
O. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.
P. “Primary caregiver” shall have the meaning given that term by Health and Safety Code Section 11362.7.
Q. “Private residence” means a house, an apartment unit, a mobile home or other similar dwelling.
R. “Qualified patient” shall have the meaning given that term by Health and Safety Code Section 11362.7.
S. “Solid fence” means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence. (Ord. 9-16 §§ 2, 4 (part): Ord. 1-16 § 2 (part): Ord. 9-06 § 2 (part))
5.58.020 Operation of medical marijuana dispensaries prohibited.
No person shall operate or permit to be operated a medical marijuana dispensary in or upon any premises or property in the city. (Ord. 9-16 § 4 (part): Ord. 1-16 § 2 (part): Ord. 9-06 § 2 (part))
5.58.030 Medical marijuana cultivation prohibited.
No person shall engage in medical marijuana cultivation in or upon any premises or property in the city. (Ord. 9-16 § 4 (part): Ord. 1-16 § 2 (part))
5.58.040 Medical marijuana delivery prohibited.
No person shall engage in medical marijuana delivery in or upon any premises or property in the city. (Ord. 9-16 § 4 (part): Ord. 1-16 § 2 (part))
5.58.050 Operation of commercial medical marijuana businesses prohibited.
No person shall operate or permit to be operated a commercial medical marijuana business in or upon any premises or property in the city. (Ord. 9-16 §§ 3, 4 (part))
5.58.060 Nonmedical marijuana delivery prohibited.
No person shall engage in nonmedical marijuana delivery in or upon any premises or property in the city. (Ord. 9-16 § 4 (part))
5.58.070 Operation of commercial nonmedical marijuana businesses prohibited.
No person shall operate or permit to be operated a commercial nonmedical marijuana business in or upon any premises or property in the city. (Ord. 9-16 § 4 (part))
5.58.080 Outdoor nonmedical marijuana cultivation.
No person shall engage in outdoor nonmedical marijuana cultivation in or upon any premises or property in the city. (Ord. 9-16 § 4 (part))
5.58.090 Indoor nonmedical marijuana cultivation.
No person shall engage in the indoor cultivation of nonmedical marijuana in or upon any premises or property in the city, except when such cultivation occurs on a premises or property with an approved private residence. Such cultivation shall be in conformance with the following minimum standards:
A. The primary use of the property shall be for a residence. Nonmedical marijuana cultivation is prohibited as a home occupation.
B. All areas used for cultivation of nonmedical marijuana shall comply with all chapters of Title 7 (Public Works), as well as applicable law.
C. Indoor grow lights shall not exceed one thousand (1,000) watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.
D. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of nonmedical marijuana is prohibited.
E. Any fully enclosed and secure structure or residential structure used for the cultivation of nonmedical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that system shall comply with all chapters of Title 7 (Public Works).
F. A fully enclosed and secure structure used for the cultivation of nonmedical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten (10) foot setback from any property line and otherwise comply with all chapters of Title 8 (Zoning Code). The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six (6) feet in height. This provision shall not apply to cultivation occurring in a garage.
G. Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.
H. Nonmedical marijuana cultivation shall be limited to six (6) marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six (6) plants per private residence shall apply regardless of how many individuals reside at the private residence.
I. The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for nonmedical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals. sleeping and bathing.
J. Cultivation of nonmedical marijuana shall only take place on impervious surfaces.
K. From a public right-of-way, there shall be no exterior evidence of nonmedical marijuana cultivation occurring on the parcel.
L. Nonmedical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under twenty-one (21) years of age.
M. Written consent of the property owner to cultivate nonmedical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the Chief of Police or his/her designee.
N. A portable fire extinguisher, that complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of nonmedical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs. (Ord. 9-16 § 4 (part))