Chapter 5.72
NONMEDICAL MARIJUANA REGULATIONS
SECTION:
5.72.030: Prohibited Activities
5.72.040: Indoor Cultivation Of Nonmedical Marijuana
5.72.050: Locations Where Smoking Or Ingestion Of Nonmedical Marijuana Is Prohibited
5.72.070: Violations; Enforcement And Penalties
5.72.010 PURPOSE:
It is the purpose of this chapter to prohibit nonmedical marijuana commercial activity, including deliveries, manufacturing, cultivation, possession, processing, storing, laboratory testing, labeling, distribution, and sale of nonmedical marijuana products within the meaning of California Business and Professions Code section 19300 et seq., and to prohibit both commercial and outdoor cultivation of medical marijuana, to the extent permitted by state law, in order to protect public health, safety, and welfare, and to avoid adverse secondary impacts that are derived by the operation of such facilities. (Ord. 2018-111, 11-19-2018)
5.72.020 DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply, unless the context indicates otherwise:
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COMMERCIAL NONMEDICAL MARIJUANA ACTIVITY: |
The cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling, transporting, distribution or sale of nonmedical marijuana or nonmedical marijuana products, including all nonmedical marijuana and products within the meaning of, but not limited to, California Business and Professions Code section 19300 et seq. and section 26001 et seq. |
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COMMERCIAL NONMEDICAL MARIJUANA ESTABLISHMENT: |
Any facility or location where commercial nonmedical marijuana activity is conducted, or where nonmedical marijuana and products are made available, sold or distributed. |
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FULLY ENCLOSED AND SECURE STRUCTURE: |
A building, fire and zoning code compliant space (1) within a building, (2) a greenhouse, or (3) 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 locking doors. |
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MARIJUANA OPERATION: |
Any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of nonmedical marijuana commercial activity. |
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NONMEDICAL MARIJUANA OR NONMEDICAL MARIJUANA USE: |
All marijuana or uses of marijuana not included within the definition of medical marijuana use, including all substances and matters covered by section 11018 of the California Health and Safety Code and the definition of marijuana contained in section 12.144.020. Use of the term “nonmedical marijuana” is meant to encompass all references in pertinent law, regulation and legal authority to “cannabis,” “recreational marijuana,” and “adult-use marijuana” within, but not limited to, the “Adult Use of Marijuana Act” and the “Medical and Adult Use Cannabis Regulation and Safety Act.” |
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NONMEDICAL MARIJUANA ACCESSORIES: |
Any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing nonmedical marijuana, or for ingesting, inhaling, or otherwise introducing nonmedical marijuana or nonmedical marijuana products into the human body. |
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NONMEDICAL MARIJUANA CULTIVATION: |
The planting, growing, harvesting, drying or processing of nonmedical marijuana plants or any part thereof for any purpose, as applied to both indoor and outdoor cultivation. |
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NONMEDICAL MARIJUANA DELIVERY: |
The commercial transfer of nonmedical marijuana or nonmedical marijuana products from a dispensary or commercial medical/nonmedical establishment to any person or entity. |
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NONMEDICAL MARIJUANA DISTRIBUTION: |
The procurement, sale and transport of nonmedical marijuana and nonmedical marijuana products between entities licensed by the state of California. |
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NONMEDICAL MARIJUANA MANUFACTURING: |
The production, preparation, propagation, or compounding of nonmedical marijuana, including, but not limited to, edibles or other products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. |
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NONMEDICAL MARIJUANA TESTING LABORATORY: |
Any facility, entity or site that offers or performs testing of nonmedical marijuana or nonmedical marijuana products, including the equipment provided by such laboratory, facility, or entity, and that is both of the following: 1. Accredited by an accrediting body that is independent from all other persons involved in commercial or medical marijuana activity in the state. 2. Registered with the State of California Department of Public Health. (Ord. 2018-111, 11-19-2018) |
5.72.030 PROHIBITED ACTIVITIES:
A. Commercial Nonmedical Marijuana Establishment Prohibited: It is unlawful for any person or entity to own, manage, conduct or operate any commercial nonmedical marijuana establishment in the city of Gonzales.
B. Commercial Nonmedical Marijuana Activity Prohibited: It is unlawful for any person or entity to engage in any nonmedical marijuana activity, or to operate or assist in the operation of any commercial nonmedical marijuana establishment as an employee, contractor, agent or volunteer in the city of Gonzales.
C. Nonmedical Marijuana Delivery Prohibited: Delivery of any nonmedical marijuana or nonmedical marijuana products, including but not limited to any nonmedical marijuana infused product such as tinctures, baked goods, or other consumable products, from and/or to any location within the city of Gonzales is prohibited.
D. Nonmedical Marijuana Cultivation Prohibited: Unless authorized pursuant to section 5.72.040, it is unlawful for any person or entity to cultivate nonmedical marijuana for any purpose within the city of Gonzales. (Ord. 2018-111, 11-19-2018)
5.72.040 INDOOR CULTIVATION OF NONMEDICAL MARIJUANA:
A. To the extent the city is required by state law to allow for the indoor cultivation of nonmedical marijuana for personal use, the rules set forth in this section shall apply:
1. The cultivation of nonmedical marijuana may take place only inside a lawfully existing and fully enclosed and secure private residence, or inside a lawfully existing and fully enclosed and secure accessory structure to a private residence that is located on the same parcel as the private residence. No cultivation shall occur outside of a fully enclosed structure.
2. The primary use of the property shall be for a residence.
3. Indoor grow lights are not allowed in any structure used for human habitation. Indoor grow lights in any other structure 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.
4. The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of nonmedical marijuana is prohibited.
5. Any 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 be designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This ventilation shall at a minimum consist of a system meeting the requirements of the current adopted edition of the California Building Code section 1203.4, Natural Ventilation, or section 402.3, Mechanical Ventilation, or their equivalents.
6. Any accessory 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 setback equal to the greater of the setback imposed pursuant to the applicable zoning provisions of title 12, or ten feet (10') from any property line. The yard where the structure is maintained must be enclosed by a solid fence at least six feet (6') in height.
7. Adequate mechanical locking or electronic security systems must be installed as part of the structure prior to the commencement of cultivation.
8. 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 in an accessory structure. The limit of six (6) plants per private residence shall apply regardless of how many individuals reside at the private residence.
9. The residential structure shall remain at all times a residence, with legal and functional cooking, sleeping and sanitation facilities with proper ingress and egress. No room used for cooking of meals, sleeping and bathing shall be used for cultivation.
10. Cultivation of nonmedical marijuana shall only take place on impervious surfaces.
11. There shall be no exterior evidence of marijuana cultivation occurring on the parcel.
12. No more than one room in any structure may be used for cultivation.
13. The marijuana cultivation area shall not exceed thirty-two (32) square feet and not exceed ten feet (10') in height per residence. The limit applies regardless of the number of individuals residing in the residence.
14. No room or area in a structure that is used for cultivation shall be accessible to persons under twenty-one (21) years of age.
15. 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 agents of the city.
16. A portable fire extinguisher that complies with the regulations and standards adopted by the State Fire Marshal and applicable law shall be kept in any room used for cultivation of marijuana.
17. No one other than a full-time resident of the residence shall be involved or take part in the cultivation.
18. No chemicals, fertilizers, pesticides, or other chemical agents shall be used for marijuana cultivation.
19. The marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, and shall not be conducted in a manner that is hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to cultivation.
20. The owner and any lessee of the residence upon which cultivation will occur shall inform the police department of the intent to cultivate marijuana. The notification shall be provided prior to the commencement of the cultivation.
21. Cultivation shall be limited exclusively for the personal use of lawful residents of the property on which the cultivation is occurring. (Ord. 2018-111, 11-19-2018)
5.72.050 LOCATIONS WHERE SMOKING OR INGESTION OF NONMEDICAL MARIJUANA IS PROHIBITED:
It shall be a violation of this chapter to smoke, ingest or use nonmedical marijuana in any of the following locations in the city:
A. All areas in the city where smoking of tobacco products is prohibited by state and federal law, including but not limited to indoor workplaces, bars and restaurants, state, county and city buildings, as well as tot lots and playgrounds, within one thousand feet (1,000') of any school, day care center, or youth center while children are present, while driving or riding in the passenger seat of any vehicle used for transportation, and in all recreational areas.
B. No employer or other person with responsibility for management or control of a place where smoking or ingestion of nonmedical marijuana is prohibited shall knowingly and intentionally allow such use in violation of this chapter.
C. Failure to post or modify existing “No Smoking” signs so as to indicate that the use of nonmedical marijuana is prohibited shall not be a defense to a violation of any provision of this chapter. (Ord. 2018-111, 11-19-2018)
5.72.060 OUTDOOR CULTIVATION OF NONMEDICAL MARIJUANA AND ESTABLISHMENT OF NONMEDICAL MARIJUANA FACILITIES DECLARED A PUBLIC NUISANCE:
Outdoor cultivation of nonmedical marijuana, engaging in the facilitation/operation of a nonmedical marijuana establishment, or engaging in any nonmedical marijuana activity by any person, cooperative, collective, business entity or corporation, as set forth in section 5.72.030, within the city of Gonzales is declared a public nuisance. Violations of this section may be enforced by any means provided in applicable laws or ordinances, including but not limited to injunctions or administrative procedures established in the Gonzales Municipal Code. (Ord. 2018-111, 11-19-2018)
5.72.070 VIOLATIONS; ENFORCEMENT AND PENALTIES:
A. The remedies provided in this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Each violation of this chapter by a person due to a person’s smoking or ingestion of nonmedical marijuana is an infraction subject to a fifty dollar ($50.00) fine. Other violations of this chapter constitute misdemeanors, punishable as provided in section 1.16.010, or may, in the discretion of the city prosecutor, be prosecuted as infractions if the interests of justice so require. Each instance of smoking or other action in violation of the provisions of this chapter shall constitute a separate violation.
C. Any peace officer or code enforcement officer may enforce the provisions of this chapter. (Ord. 2018-111, 11-19-2018)