Chapter 9.40
PROHIBITED MARIJUANA ACTIVITIES
Sections:
9.40.010 Statutory authorization.
9.40.020 Statement of purpose.
9.40.010 Statutory authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. In addition, the Legislature of the State of California has in AB 266, AB 243, and SB 643, which collectively are known as the Medical Marijuana Regulation and Safety Act, and voter approved Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), conferred upon local governments the authority to adopt regulations designed to limit or prohibit activities related to cultivation and delivery of both medical and nonmedical cannabis, also known as “marijuana.” Therefore, the city council of the city of Hughson does hereby adopt the following marijuana (cannabis) regulations. (Ord. 17-03 § 2, 2017; Ord. 16-02 § 2, 2016)
9.40.020 Statement of purpose.
The purpose of this chapter is to promote the public health, safety, and general welfare, and to prohibit the allowance or establishment of any use of marijuana for medical, personal, commercial, or nonprofit purposes to the extent permitted under California law within the city of Hughson. (Ord. 17-03 § 2, 2017; Ord. 16-02 § 2, 2016)
9.40.030 Definitions.
A. “Adult Use of Marijuana Act” or “AUMA” shall mean all of the provisions Proposition 64 added to California law on November 9, 2016, as the same may be amended from time to time.
B. “Cannabis” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(f). “Cannabis” also means marijuana as defined by Health and Safety Code Section 11018 as the same may be amended from time to time. For purposes of this chapter “cannabis” shall also include marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana and marijuana that is cultivated, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code.
C. “Caregiver” or “primary caregiver” shall have the same meaning as set forth in Health and Safety Code Section 11362.7 as the same may be amended from time to time.
D. “Commercial marijuana activity” shall have the same meaning as set forth in both Business and Professions Code Sections 19300.5(k) and 26001(d) as the same may be amended from time to time.
E. “Cooperative/collective” shall mean two or more persons collectively or cooperatively cultivating, distributing, using, transporting, possessing, administering, delivering or making available marijuana of any type, with or without compensation.
F. “Cultivation” shall have the same meaning as set forth in both Business and Professions Code Sections 19300.5(l) and 26001(e) as the same may be amended from time to time.
G. “Delivery” shall have the same meaning as set forth in both Business and Professions Code Sections 19300.5(m) and 26001(h) as the same may be amended from time to time.
H. “Dispensary” shall mean a facility or location, whether fixed or mobile, where marijuana, marijuana products or devices for the use of marijuana are offered, made available, or provided, either individually or in any combination, with or without remuneration, for medical, recreation or other purposes. “Dispensary” shall also include a cooperative/collective as well as any establishment that delivers medical marijuana and/or medical marijuana products pursuant to Business and Professions Code Section 19340.
I. “Distribution” shall have the same meaning as set forth in both Business and Professions Code Sections 19300.5(p) and 26001(j) as the same may be amended from time to time.
J. “Manufacture” shall have the same meaning as set forth in Business and Professions Code Section 26001(q) as the same may be amended from time to time. “Manufacture” shall include all types of marijuana, whether medical, nonmedical, or otherwise.
K. “Marijuana” shall have the same meaning as set forth in Health and Safety Code Section 11018 as the same may be amended from time to time. For purposes of this chapter “marijuana” shall also include marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana and marijuana that is cultivated, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code.
L. “Marijuana activity” shall mean any commercial or noncommercial marijuana activity including but not limited to cultivation of marijuana, delivery of marijuana, distribution of marijuana, dispensing of marijuana, manufacture of marijuana, sale of marijuana, and use of marijuana to the extent prohibited by HMC 9.40.050. “Marijuana activity” shall include all types of marijuana, whether medical, nonmedical, or otherwise.
M. “Marijuana products” shall have the same meaning as set forth in Business and Professions Code Section 26001(u) as the same may be amended from time to time. For purposes of this chapter, “marijuana products” shall also include marijuana products manufactured, processed, transported, distributed, or sold for medical purposes under Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code.
N. “Medical cannabis,” “medical cannabis product,” or “cannabis product” shall have the same meanings as set forth in Business and Professions Code Section 19300.5(ag) as the same may be amended from time to time. “Cannabis” and “marijuana” are used interchangeably.
O. “Medical Marijuana Regulation and Safety Act” or “MMRSA” shall mean the following bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 266, and SB 643.
P. “Person” shall have the same meaning as set forth in Health and Safety Code Section 26001(y) as the same may be amended from time to time.
Q. “Private residence” shall mean a house, an apartment unit, a mobile home, or other similar dwelling.
R. “Testing” shall have the same meaning as set forth in both Business and Professions Code Sections 19300.5(ak) and 26001(bb) as the same may be amended from time to time. “Testing” shall include all types of marijuana, whether medical, nonmedical, or otherwise.
S. “Transport” shall have the same meaning as set forth in Business and Professions Code Section 19300.5(am) as the same may be amended from time to time. (Ord. 17-03 § 2, 2017; Ord. 16-02 § 2, 2016)
9.40.050 Prohibition.
A. Commercial marijuana activities of all types including, but not limited to, dispensaries, collectives, cooperatives, transportation, distribution, cultivation, manufacturing, delivery, testing, and processing are expressly prohibited in all zones, planned developments, and all specific and master plan areas in the city of Hughson. No person shall establish, operate, conduct or allow any commercial marijuana activity anywhere within the city.
B. To the extent not already covered by subsection A of this section, all deliveries of marijuana of any kind or type are expressly prohibited within the city of Hughson. No person shall conduct any deliveries that either originate or terminate within the city.
C. This section is meant to prohibit all marijuana activities regardless of whether a state license is required or not. Accordingly, the city shall not issue any permit, license, authorization or other entitlement for any marijuana activity regardless of whether a state license is required under MMRSA and/or AUMA.
D. Outdoor cultivation of marijuana for any purpose is expressly prohibited in all zones, planned developments, and all specific and master plan areas in the city of Hughson. No person, caregiver, or primary caregiver shall 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.
E. For purposes of this section related to persons, all personal use, possession, purchase, cultivation, transport, or dissemination of any type of marijuana is unlawful in all areas of the city, except to the extent California law specifically prohibits cities from prohibiting such use.
F. To the extent prohibition on indoor cultivation is not prohibited under state law, then indoor cultivation is completely prohibited in the city. To the extent a complete prohibition on indoor cultivation is not permitted under California law, a person may not possess, plant, cultivate, harvest, dry, or process more than six marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a fully enclosed private residence, without a permit granted pursuant to HMC Title 17. Also, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the city which is not a private residence. (Ord. 17-03 § 2, 2017; Ord. 16-02 § 2, 2016)
9.40.060 Public nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city. (Ord. 16-02 § 2, 2016)
9.40.070 Civil penalties.
In addition to any other enforcement remedies permitted by this chapter, the city attorney may bring a civil action for injunctive relief and civil penalties against any person or entity violating this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorney’s fees and costs to the prevailing party. (Ord. 16-02 § 2, 2016)