Chapter 9-103
MARIJUANA BUSINESSES
Sections:
9-103.030 Marijuana businesses prohibited.
9-103.040 Public nuisance declared.
9-103.050 Use or activity prohibited by state or federal law.
9-103.070 Regulations not exclusive.
9-103.010 Purpose.
In order to protect and promote the public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this chapter is to prohibit all marijuana businesses and related uses and activities as stated in this chapter. (Ord. 2016-4 § 4 (part))
9-103.020 Definitions.
In addition to any other definitions contained in the municipal code and in this title, the following words and phrases shall, for the purpose of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with any current provisions of the municipal code or this title, these definitions shall prevail.
“Identification card” shall mean a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.
“Marijuana” shall have the same meaning as is defined by Health and Safety Code Section 11018 and the term “cannabis” as that term is defined by California Business and Professions Code Section 19300.5(f). If the definition under state law is amended, the city’s definition shall be as amended. “Marijuana” shall also mean any “cannabinoid” as defined by Business and Professions Code Section 19300.5(e), “cannabis concentrate” as defined by Business and Professions Code Section 19300.5(g), “edible cannabis product” as defined by Business and Professions Code Section 19300.5(s), “manufactured cannabis” as defined by Business and Professions Code Section 19300.5(ac), “medical cannabis” as defined by Business and Professions Code Section 19300.5(af), and “topical cannabis” as defined by Business and Professions Code Section 19300.5(al), as those sections exist as of January 1, 2016, or as amended thereafter.
“Marijuana business” shall mean any activity, whether or not carried out for commercial gain, which involves cultivation, possession, manufacture, processing, storage, laboratory testing, labeling, transportation, distribution, or sale of marijuana or any marijuana-infused products. This definition shall include any of the foregoing activities conducted by or on behalf of a qualified patient or the primary caregiver of a qualified patient. All references in this chapter to “marijuana business” shall be synonymous with “marijuana dispensary,” “mobile marijuana dispensary,” and “marijuana cultivation site,” which are defined in this section. The term “marijuana business” shall not include “personal cultivation of marijuana,” as defined in this section.
“Marijuana cultivation site” shall mean any location, whether indoor or outdoor, where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or upon which all or any combination of those activities occurs. The term “marijuana cultivation site” shall not include “personal cultivation of marijuana,” as defined in this section.
“Marijuana dispensary” shall mean any dispensary, facility, cooperative, club, individual, business, group, collective, establishment or other association with a storefront or mobile retail outlet where marijuana, in any form, whether for medical, recreational, or any other purpose, is transferred to any person, firm, corporation, association, club, society, or other organization, regardless of whether that activity is undertaken on a for-profit or nonprofit basis, or any combination thereof, and regardless of whether the activity is for compensation or is gratuitous.
“Mobile marijuana dispensary” shall mean any marijuana dispensary, facility, cooperative, club, individual, business, group, collective, establishment or other association with or without a storefront or mobile retail outlet, which engages in the transportation or delivery of marijuana or any marijuana-infused products. For purposes of this chapter, “delivery” shall mean the transfer of marijuana or other marijuana-infused products from a marijuana dispensary or a marijuana testing laboratory to any person, firm, corporation, association, club, society, or other organization, including, but not limited to, any owner, manager, proprietor, employee, volunteer, or salesperson, and shall also include the use by a marijuana dispensary of any technology platform owned and controlled by the dispensary that enables any person or entity to arrange for, or facilitate the transfer of, marijuana or any marijuana-infused products.
“Personal cultivation of marijuana” shall mean the possession, planting, cultivation, harvesting, drying, or processing of not more than six living marijuana plants and possession of the marijuana produced by the plants by persons twenty-one (21) years of age or older inside a person’s private residence or inside an accessory structure to a person’s private residence located upon the grounds of a person’s private residence that is fully enclosed and secure as authorized by Health and Safety Code Sections 11362.1 and 11362.2, as may be amended, and subject to the following limitations: (A) not more than six living plants may be planted, cultivated, harvested, dried, or processed within a person’s single private residence or inside an accessory structure to a person’s private residence that is fully enclosed and secure, at one time; and (B) the living plants and any marijuana produced by the plants in excess of twenty-eight and one-half (28.5) grams shall be in a locked space, and shall not be visible by normal unaided vision from a public place. The term “personal cultivation of marijuana” shall not include the planting, cultivation, harvesting, drying, or processing of marijuana plants outdoors upon the grounds of a person’s private residence.
“Physician” shall mean an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient’s medical record the physician’s assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
“Primary caregiver” shall mean an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
“Private residence” shall have the same meaning as is defined by Health and Safety Code Section 11362.2(b)(5) (i.e., a house, an apartment unit, a mobile home, or similar dwelling), as may be amended.
“Qualified patient” shall mean a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Health Services. (Ord. 2017-3 § 3; Ord. 2016-4 § 4 (part))
9-103.030 Marijuana businesses prohibited.
A. It is unlawful for any person or entity to own, manage, conduct or operate any marijuana business, or to participate as an employee, contractor, agent, volunteer, or in any other capacity, in any marijuana business in the city of Laguna Hills. Further, it is unlawful for the owner of any property located within the city to in any way authorize or permit use of their property for purposes of operation of any marijuana business.
B. Marijuana dispensaries and marijuana businesses are prohibited land uses in every zoning district within the city.
C. Mobile marijuana dispensaries are prohibited from delivering and/or transporting marijuana to any location in every zoning district in the city, regardless of the location of the primary place of business of the mobile marijuana dispensary or of the location where delivery of marijuana originated.
D. Marijuana cultivation sites are prohibited from operating in every zoning district in the city. It is unlawful for any person or entity to own, manage, conduct or operate any marijuana cultivation site, or to participate as an employee, contractor, agent, volunteer, or in any other capacity, in any marijuana cultivation site in the city.
E. No certificate of use and occupancy, zoning clearance, or other permit or entitlement for use shall be legally valid if issued to any marijuana business proposed to operate or to be established in the city.
F. The planting, cultivation, harvesting, drying, or processing of marijuana plants outdoors upon the grounds of a person’s private residence is prohibited in every zoning district in the city. (Ord. 2017-3 § 4; Ord. 2016-4 § 4 (part))
9-103.040 Public nuisance declared.
Operation of any marijuana business within the city in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by all available means. (Ord. 2016-4 § 4 (part))
9-103.050 Use or activity prohibited by state or federal law.
Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. (Ord. 2016-4 § 4 (part))
9-103.060 Violations.
Any owner, operator, manager, employee, independent contractor, associate, or volunteer of a marijuana business who violates, or any such person or entity that permits, or aids in the violation of, any of these provisions regulating marijuana businesses, which shall include, but not be limited to, property owners and/or property managers of the real property where such marijuana business is conducted, shall be subject to all remedies available under Chapter 1-32, as well as be subject to any and all available civil or administrative remedies as may be available under local, state, or federal law. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued. (Ord. 2016-4 § 4 (part))
9-103.070 Regulations not exclusive.
The provisions of this chapter regulating marijuana businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the city of Laguna Hills. (Ord. 2016-4 § 4 (part))