Chapter 17.156 CANNABIS USES

Chapter 17.156
CANNABIS USES

Sections:

17.156.010 Purpose and intent.

17.156.020 Interpretation and applicability.

17.156.030 Definitions.

17.156.040 Cannabis business permit.

17.156.050 Cannabis dispensaries.

17.156.060 Cannabis distribution.

17.156.070 Cannabis cultivation.

17.156.080 Cannabis manufacturing.

17.156.090 Cannabis testing laboratory.

17.156.100 Enforcement.

17.156.110 M-1 and M-2 district zones.

Prior legislation: Ords. 1173 and 1348; Code 1987 §§ 17.69.010 – 17.69.030.

17.156.010 Purpose and intent.

The purpose and intent of this chapter are to regulate the dispensing, cultivation, processing, manufacturing, testing and distribution of medical and recreational cannabis in a manner that protects the public health, safety and welfare of the City and mitigates the costs to the community of the oversight of these activities.

Nothing in this chapter shall be construed to: allow persons to engage in conduct that endangers others or causes a public nuisance; or allow any activity relating to the cultivation, manufacturing, testing, distribution or consumption of cannabis that is otherwise illegal under California law. [Ord. 1383 § 4, 2017].

17.156.020 Interpretation and applicability.

Operation of cannabis facilities within the City shall be permitted upon the application and approval of both a City-issued conditional use permit pertaining to the location of the facility in accordance with the criteria and procedures set forth in this chapter and the City’s municipal code, upon application and subject to such additional regulations as may be promulgated pursuant to this chapter.

A. The cultivation, processing, and distribution of cannabis in the City is controlled by the provisions of this chapter.

B. Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.

C. Nothing in this chapter is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, consumption, processing, and distribution or other related activities by tenants.

D. Nothing in this chapter is intended, nor shall it be construed, to exempt any cannabis-related activity from any applicable local or State construction, environmental, electrical, plumbing, land use, labor or employment laws or any other building or land use standards or permitting requirements.

E. Nothing in this chapter is intended, nor shall it be construed, to make legal any sale, cultivation, transportation, manufacture, or other use of cannabis that is otherwise prohibited or noncompliant under California law, as amended from time to time.

F. All medical cannabis cultivation, dispensaries, distribution, testing, and manufacturing facilities and/or recreational cannabis cultivation, dispensaries, distribution, testing, and manufacturing facilities within City limits shall be subject to the provisions of this chapter, regardless of whether the use existed or occurred prior to adoption of this chapter. [Ord. 1383 § 4, 2017].

17.156.030 Definitions.

When used in this chapter, the following words shall have the meanings ascribed to them in this section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. Words and phrases not specifically defined in this chapter shall have the meanings ascribed to them by the following sources:

A. The CUA of 1996 (California Health and Safety Code Section 11362.5), and as may be amended from time to time;

B. The MMPA (California Health and Safety Code Sections 11362.7 through 11362.83);

C. The MMRSA (California Business and Professions Code Sections 19300 through 19355) as may be amended from time to time;

D. The AMUA (Proposition 64, The Adult Use of Cannabis Act).

“Cannabis” has the same meaning as in California Health and Safety Code Section 11018 and Proposition 64, Cannabis Legalization, as may be amended from time to time. For the purpose of this chapter, “cannabis” does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

“Cannabis business” means any use that conducts medical cannabis cultivation, dispensaries, distribution, testing, and manufacturing facilities and/or recreational cannabis cultivation, dispensaries, distribution, testing, and manufacturing facilities.

“Cannabis business permit” means a specific permit required for any commercial operation of any cannabis-oriented business subject to the approval of a conditional use permit.

“Cannabis cultivation” means the planting, growing, harvesting, drying or processing of any cannabis plants or any part thereof for medical use consistent with the Compassionate Use Act (California Health and Safety Code Section 11362.5), the Medical Cannabis Program Act (California Health and Safety Code Section 11362.7 et seq.), and Proposition 64, Cannabis Legalization.

“Cannabis dispensary” means any facility or location where medical cannabis or recreational cannabis is made available to or distributed by or distributed to one or more individuals operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be amended from time to time, and subject to the provisions of this chapter and the City’s municipal code.

“Cannabis distribution facility” means any facility or location, the primary function of which is the procurement, sale, and/or transport of medical cannabis and/or recreational cannabis products between entities, including delivery to end users, operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be amended from time to time, and subject to the provisions of this chapter and the City’s municipal code.

“Cannabis laboratories” means a facility for testing, analysis, and/or research. Similar types of lab uses include medical labs, soils, materials testing labs, and forensic labs. Laboratories are a necessary component of the cannabis licensing scheme because testing is required to be done on each cannabis crop to determine constituents such as cannabinols (CBDs), tetrahydrocannabinol (THC), pesticide residuals, mold, and fungus.

“Cannabis manufacturing facility” means a facility where the production of medical cannabis or recreational cannabis concentrate, and/or the preparation, propagation, or compounding of manufactured medical cannabis or recreational cannabis, either directly or indirectly or by extraction methods or independently by means of chemical synthesis, or the packaging or repackaging of medical cannabis or recreational cannabis products, or the labeling or relabeling of its containers, occurs, provided the facility holds a valid conditional use permit, and a development agreement if applicable, all issued in accordance with this chapter and the City’s municipal code, and operating in strict accordance with the CUA, the MMPA, the MMRSA, and the AMUA as may be amended from time to time, and subject to the provisions of this chapter and the City’s municipal code.

“Gross proceeds” means the value proceeding or accruing from the sale of tangible property and/or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.

“Indoor” means any location within the City that is within a fully enclosed, occupied (as defined in this section) dwelling, dwelling unit or housing unit.

“Occupied” means currently, presently, and lawfully utilized in accordance with an issued certificate of occupancy.

“Outdoor” means any location within the City that is not within a fully enclosed, occupied (as defined in this section) dwelling, dwelling unit or housing unit.

“Parcel” means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (California Government Code Section 66410 et seq.).

“School” means any educational facility which primarily provides educational services to individuals under the age of 18. [Ord. 1383 § 4, 2017].

17.156.040 Cannabis business permit.

A. Except as otherwise set forth in this chapter, it shall be unlawful for any person or entity to operate, in or upon any property, a cannabis business without first obtaining all required State licenses and a business license or permits issued by the City. Each State license type available in the MMRSA or AMUA is eligible to apply for a cannabis business permit. Unless otherwise set forth in this chapter, no person shall engage in a cannabis business without possessing all applicable State licenses and all applicable City permits and licenses. Revocation of a State license shall constitute grounds for the City to suspend or revoke any permit or license issued by the City.

B. All cannabis business permittees must at all times maintain liability insurance having aggregate policy limits in an amount not less than $1,000,000.

C. The City may impose an annual cannabis business permit fee at a rate set by a Council resolution.

D. All cannabis business permittees shall be subject to an annual regulatory inspection by the City to ensure compliance with all of the applicable provisions of this chapter.

E. It shall be unlawful for the owner of a building to allow the use of any portion of a building by a cannabis business unless the tenant has a valid cannabis business permit, or has applied for and not been denied a cannabis business permit. Each owner of a building whose tenant is a cannabis business permit applicant shall execute an acknowledgement that the applicant has the owner’s permission and consent to operate a cannabis business at the subject property.

F. The City shall issue a maximum of five cannabis business permits within the M-1 zone district and a maximum of five cannabis business permits within the M-2 zone district. In the event that the City has issued the maximum number of cannabis business permits as provided herein, a cannabis business permit applicant may elect to submit an application with a request for a finding of public convenience that an additional permit should be issued in excess of the maximum number as provided herein. Such request shall include a statement by the applicant demonstrating how the public convenience will be served by issuance of additional cannabis business permits.

1. The following criteria will be considered by the City’s Director of Community Development in evaluating the applicant’s request for a determination of public convenience.

a. Identify the special and unusual circumstances present to justify a new cannabis business when similar businesses exist nearby, or how it will provide a needed service not currently being met.

b. Prove/demonstrate how the economic benefit of the cannabis business outweighs potential negative impacts to the community as a whole.

c. Demonstrate reasonable efforts to seek community input on the proposed cannabis business.

2. The Director of Community Development may request additional information in making a public convenience determination.

3. The Director of Community Development may refuse to make a determination of public convenience if any of the following instances occur:

a. The proposed use is to be located in an existing targeted law enforcement area as documented by specific and abnormally high general health and safety indicators that have some nexus with alcohol use or substance abuse.

b. The proposed use is within a crime reporting area that exhibits an excess amount of alcohol or substance abuse related crimes, greater than a 20 percent increase of the reported crimes from the previous year.

c. The proposed use is inconsistent with the direction and policies set forth by the Council. [Ord. 1383 § 4, 2017].

17.156.050 Cannabis dispensaries.

A. Permitted Locations. Cannabis dispensaries shall only be located in the M-1 or M-2 zoning districts.

B. Cannabis dispensaries shall be permitted as an accessory use to either a cannabis cultivation facility or cannabis manufacturing facility. In no case shall either the gross floor area of the dispensary exceed 25 percent of the total area of the business or 50 percent of gross proceeds of the business.

C. Permits Required. Dispensaries shall only be permitted when either a cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City-issued conditional use permit, building permit and the issuance of certificate of occupancy.

D. Cannabis Business Permit. Cannabis dispensaries shall only be permitted when either a cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City-issued cannabis business permit.

E. The cannabis business permittee shall submit to the City a financial report on a yearly basis detailing the gross proceeds of the business.

F. Storage. A cannabis dispensary shall have adequate locked storage on the dispensary property, identified and approved as a part of the security plan, for after-hours storage of cannabis. Cannabis shall be stored at the dispensary property in secured rooms that are completely enclosed or in a safe that is bolted to the floor.

G. Site Security. Each dispensary site security plan approved by the Sheriff’s Department must include the following:

1. Security Surveillance Cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

2. Security Video Recording and Retention. Video from the security surveillance cameras must be recording at all times (24 hours a day, seven days a week) and the recording shall be maintained for at least 30 days. The video recordings shall be made available to the City upon request.

3. Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm.

H. Cannabis Business Permit. The dispensary permittee shall display its current valid cannabis business permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the dispensary site. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the dispensary site.

I. Signs. The following signs in measurements of not less than eight by 10 inches shall be clearly and legibly posted in a conspicuous location inside the cannabis dispensary where they will be visible to members and customers in the normal course of a transaction, stating:

1. “Smoking, ingesting or consuming cannabis on this property or within 20 feet of the dispensary is prohibited.”

2. “Juveniles are prohibited from entering this property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian.”

3. “Neither the City of Lake Elsinore, nor any other governmental agency, has tested or inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location.”

4. Signs on the cannabis dispensary building shall not obstruct the entrance or windows of the dispensary.

J. Dispensary Site Restricted.

1. All entrances into a cannabis dispensary’s building shall be locked from the exterior at all times with entry controlled by dispensary personnel.

2. A manager must be on the cannabis dispensary site at all times that any other person, except for security guards, is on the site.

3. While on the cannabis dispensary site, managers and staff of the cannabis dispensary permittee must wear their City-issued cannabis dispensary identification badge at all times.

4. Any person other than managers or staff shall be escorted by a manager at all times while in the cannabis dispensary building.

K. Juveniles Prohibited. No juvenile shall be on the dispensary site or operate a cannabis dispensary in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

L. Delivery Prohibited. A cannabis dispensary shall not provide any form of delivery service. All distribution of cannabis must be conducted within the enclosed building areas of the dispensary property.

M. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the dispensary site.

N. Alcohol Prohibited. No cannabis dispensary or manager shall cause or permit the sale, distribution, or consumption of alcoholic beverages on the dispensary property; hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages; or operate a business on or adjacent to the dispensary property that sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the dispensary property.

O. Criminal History. No cannabis dispensary permittee or manager of a dispensary shall operate a dispensary if he or she has been convicted of a felony, or is currently on parole or probation for the sale or distribution of a controlled substance. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate a dispensary solely on the basis that the person has been convicted of a felony if the person has obtained a certificate of rehabilitation (expungement of felony record) under California law or similar Federal statute or State law under which the expungement was granted.

P. Hours of Operation. The maximum hours of operation for a cannabis dispensary shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been imposed as a condition of the cannabis business permit or conditional use permit. [Ord. 1383 § 4, 2017].

17.156.060 Cannabis distribution.

A. Permitted Locations. Cannabis distribution shall only be located in the M-1 or M-2 zoning districts.

B. Limitation of Use. Cannabis distribution shall be permitted as an accessory use to either a cannabis cultivation facility or cannabis manufacturing facility. In no case shall either the gross floor area of the distribution facility exceed 25 percent of the total area of the business or 50 percent of gross proceeds of the business.

C. Permits Required. Cannabis distribution shall only be permitted when either a cannabis cultivation facility or cannabis manufacturing facility has obtained a valid conditional use permit, building permit and issuance of a certificate of occupancy.

D. Cannabis Business Permit. Cannabis distribution shall only be permitted when either a cannabis cultivation facility or cannabis manufacturing facility has obtained a valid City-issued cannabis business permit.

E. Yearly Reporting. The cannabis business permittee shall submit to the City a financial report on a yearly basis detailing the gross proceeds of the business.

F. Storage. A cannabis distribution facility shall have adequate locked storage on the distribution facility property, identified and approved as a part of the security plan, for after-hours storage of cannabis. Cannabis shall be stored at the distribution facility property in secured rooms that are completely enclosed or in a safe that is bolted to the floor.

G. Site Security. Each distribution site security plan approved by the Sheriff’s Department must include the following:

H. Cannabis Business Permit. The distribution permittee shall display its current valid cannabis business permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the distribution site. The permit shall be displayed at all times in a conspicuous place so that all persons entering the site may readily see it.

I. Signs. The following signs in measurements of not less than eight by 10 inches shall be clearly and legibly posted in a conspicuous location inside the cannabis distribution site where they will be visible to members and customers in the normal course of a transaction, stating:

1. “Smoking, ingesting or consuming cannabis on this property or within 20 feet of the distribution facility is prohibited.”

2. “Juveniles are prohibited from entering this property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian.”

4. Signs on the cannabis distribution facility building shall not obstruct the entrance or windows of the distribution facility.

J. Distribution Facility Site Restricted.

1. All entrances into a cannabis distribution facility’s building shall be locked from the exterior at all times with entry controlled by distribution facility personnel.

2. No cannabis distribution facility permittee shall allow anyone in the distribution facility building, except for qualified patients, primary caregivers, persons with identification cards, managers, staff, and other persons with bona fide purposes for being in the distribution facility, such as contractors, inspectors, and cannabis transporters.

3. A manager must be on the cannabis distribution facility site at all times that any other person, except for security guards, is on the site.

4. While on the cannabis distribution facility site, managers and staff of the cannabis distribution facility permittee must wear their City-issued cannabis distribution facility identification badge at all times.

5. Any person other than managers or staff shall be escorted by a manager at all times while in the cannabis distribution facility building.

K. Juveniles Prohibited. No juvenile shall be on the distribution site or operate a cannabis testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

L. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the site.

M. Alcohol Prohibited. No cannabis distribution permittee or manager shall cause or permit the sale, distribution, or consumption of alcoholic beverages on the distribution facility property; hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages; or operate a business on or adjacent to the distribution facility property that sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the distribution facility property.

N. Criminal History. No cannabis distribution permittee or manager of a distribution facility shall operate a distribution facility if he or she has been convicted of a felony, or is currently on parole or probation for the sale or distribution of a controlled substance. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Notwithstanding the above, a person may not be denied the ability to obtain a permit or operate a distribution facility solely on the basis that the person has been convicted of a felony if the person has obtained a certificate of rehabilitation (expungement of felony record) under California law or similar federal statute or state law under which the expungement was granted.

O. Hours of Operation. The maximum hours of operation for a cannabis distribution facility shall be daily from 7:00 a.m. to 9:00 p.m. unless the more restrictive hours have been imposed as a condition of the cannabis business permit or conditional use permit. [Ord. 1383 § 4, 2017].

17.156.070 Cannabis cultivation.

A. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for the outdoor cultivation of any cannabis plant.

B. Cannabis cultivation shall be limited to interior areas. No person owning, renting, leasing, occupying, or having charge or possession of any parcel shall cause or allow indoor cultivation of cannabis on such parcel to be visible from any street, sidewalk, or other place freely accessible by the public.

C. Permitted Locations. Cannabis cultivation facilities involving the cultivation of mature flowering cannabis plants shall only be located in the M-1 or M-2 zoning districts in the City.

D. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.

E. Permits Required. Cannabis cultivation facilities shall obtain a City-issued conditional use permit, building permit and the issuance of a certificate of occupancy prior to the establishment of the use.

F. Cannabis Business Permit. Cultivators shall obtain a valid City-issued cannabis business permit.

G. The cannabis business permittee shall submit to the City a financial report on a yearly basis detailing the gross proceeds of the business.

H. Cultivation Site Buildings. A cultivation site shall comply with the following requirements:

1. Entrances. All entrances into the buildings on the cultivation site shall be locked at all times with entry controlled by the cannabis cultivation permittee’s managers and staff.

2. Main Entrance and Lobby. The cultivation site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the cultivation areas.

3. Cultivation Area. All cultivation areas in any building on the cultivation site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis cultivation permittee.

4. Transport Area. Each building with a cultivation area shall have an area designed for the secure transfer of cannabis from the cultivation area to a vehicle for transportation.

5. Storage Area. Each building with a cultivation area shall have adequate storage space for cannabis that has completed the cultivation process or is otherwise not being cultivated. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis cultivation permittee.

I. Compliance with Building, Fire Code and Permitting Requirements. Any person(s) cultivating cannabis with the use of grow lights, fans, ventilation devices or any other electrical or mechanical equipment shall comply with all applicable building and fire code requirements adopted by the City of Lake Elsinore, and shall obtain all permits required for such installation.

J. Cultivation Site Security. Each cultivation site security plan approved by the Sheriff’s Department must include the following:

1. Security Surveillance Cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the cultivation site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the cultivation site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

K. Display of Cannabis Cultivation Permit. The cannabis cultivation permittee shall display its current valid cannabis cultivation permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the cultivation site. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the cultivation site.

L. Signs. A cannabis cultivation permittee shall post in the lobby of the cultivation site signs that state the following:

1. “This site is not open to the public.”

2. “Retail sales of any goods and services is prohibited.”

3. “Juveniles are prohibited from entering this site.”

4. “Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited.”

Each sign described in this subsection (L) must be at least eight inches by 10 inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the cultivation site.

M. Cultivation Site Restricted.

1. No cannabis cultivation permittee shall open their cultivation site to the public.

2. No cannabis cultivation permittee shall allow anyone on the cultivation site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters.

3. A manager must be on the cultivation site at all times that any other person, except for security guards, is on the site.

4. While on the cultivation site, managers and staff of the cannabis cultivation permittee must wear their cannabis cultivation identification badge, issued by the City, at all times.

5. Any person other than managers or staff who are on the cultivation site must sign in, wear a visitor badge, and be escorted on the site by a manager at all times.

N. The cannabis cultivation site shall not be upon any premises located within 1,000 feet of any school, community center, or park.

O. Juveniles Prohibited. No juvenile shall be on the cultivation site or operate a cannabis cultivation business in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

P. Retail Sales Prohibited. No person shall conduct any retail sales of any goods or services on or from a permitted cultivation site.

Q. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the cultivation site.

R. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage on the cultivation site.

S. There shall be a limited exemption from enforcement for violations of this chapter by authorized persons for small amounts of cannabis cultivation for their own recreational use in all residential zone classifications when all of the following conditions and standards are complied with:

1. The premises shall contain a legally permitted single-family dwelling.

2. Cultivation of No More Than 12 Cannabis Plants. In the event a qualified patient has a primary caregiver cultivating cannabis plants for the qualified patient, only one primary caregiver may cultivate no more than 12 cannabis plants for that qualified patient at any one time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating cannabis plants for the qualified patient at the same time.

3. Two qualified patient limit to aggregate cannabis plant count for a maximum total of 24 cannabis plants per premises.

4. At least one qualified patient or one primary caregiver must live on the premises.

5. All cannabis plants must be reasonably secured to prevent access by minors or theft, to a standard satisfactory to the enforcement officer.

6. All cannabis cultivation outside of any building must be fully enclosed by an opaque fence at least six feet in height. The fence must be adequately secure to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five acres are exempt from this fencing provision so long as all other standards and conditions of this subsection (S) are complied with and any barriers used are otherwise consistent with the municipal code.

7. Each building or outdoor area in which the cannabis plants are cultivated shall be set back at least 10 feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the cannabis plants are cultivated, or, if the cannabis plants are cultivated in an outdoor area, from the fence required by subsection (S)(6) of this section to the boundary line of the premises.

8. The designated cannabis cultivation area must not be visible from any public right-of-way.

9. If the person cultivating cannabis plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the cannabis cultivation on the parcel. This letter shall be examined by the enforcement officer, and shall then be returned to the submitter. The County shall prescribe forms for such letters.

10. Parolees or probationers shall not live on the premises unless the parolees or probationers have received confirmation from the court that they are allowed to use cannabis while on parole or probation pursuant to Health and Safety Code Section 11362.795, which shall be subject to verification by the enforcement officer.

11. Qualified patients for whom the cannabis plants are being cultivated shall have valid medical cannabis identification cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating cannabis plants for a qualified patient shall have a copy of the qualified patient’s valid medical cannabis identification card issued by the Riverside County Department of Public Health, which shall be kept on the premises.

12. The address for the premises must be posted and plainly visible from the public right-of-way.

13. The cannabis cultivation site shall not be within a multi-dwelling building.

14. The cannabis cultivation site shall not be upon any premises located within 1,000 feet of any school, community center, or park.

15. The cannabis cultivation site shall not be upon any premises containing a child care center, church, or youth-oriented facility.

T. There shall be a limited exemption from enforcement for violations of this chapter by authorized persons for small amounts of cannabis cultivation for their own recreational use in all residential zone classifications when all of the following conditions and standards are complied with:

1. The premises shall contain a legally permitted single-family dwelling.

2. Cultivation of no more than six cannabis plants per dwelling.

3. All cannabis plants must be reasonably secured to prevent access by minors or theft, to a standard satisfactory to the enforcement officer.

4. All cannabis cultivation outside of any building must be fully enclosed by an opaque fence at least six feet in height. The fence must be adequately secure to prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five acres are exempt from this fencing provision so long as all other standards and conditions of this subsection (T) are complied with and any barriers used are otherwise consistent with the municipal code.

5. Each building or outdoor area in which the cannabis plants are cultivated shall be set back at least 10 feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the cannabis plants are cultivated, or, if the cannabis plants are cultivated in an outdoor area, from the fence required by subsection (T)(4) of this section to the boundary line of the premises.

6. The designated cannabis cultivation area must not be visible from any public right-of-way.

7. If the person cultivating cannabis plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the cannabis cultivation on the parcel. This letter shall be examined by the enforcement officer, and shall then be returned to the submitter. The County shall prescribe forms for such letters.

8. Parolees or probationers shall not live on the premises unless the parolee or probationer has received confirmation from the court that he is allowed to use cannabis while on parole or probation pursuant to Health and Safety Code Section 11362.795, which shall be subject to verification by the enforcement officer.

9. The address for the premises must be posted and plainly visible from the public right-of-way.

10. The cannabis cultivation site shall not be within a multi-dwelling building.

11. The cannabis cultivation site shall not be upon any premises located within 1,000 feet of any school, community center, or park.

12. The cannabis cultivation site shall not be upon any premises containing a child care center, church, or youth-oriented facility. [Ord. 1383 § 4, 2017].

17.156.080 Cannabis manufacturing.

A. Permitted Locations. Cannabis manufacturing facilities shall only be located in the M-1 or M-2 zoning districts.

B. Permits Required. Cannabis manufacturing facilities shall obtain a City-issued conditional use permit, building permit and the issuance of a certificate of occupancy prior to the establishment of the use.

C. Cannabis Business Permit. Cannabis manufacturing facilities shall obtain a City-issued cannabis business permit.

D. The cannabis business permittee shall submit to the City a financial report on a yearly basis detailing the gross proceeds of the business.

E. Interior Only. Cannabis manufacturing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No cannabis manufacturing shall be visible from any public right-of-way.

F. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited.

G. Operational Requirements.

1. Manufacturers are limited to certain equipment, methods, solvents, gases and mediums when creating cannabis extracts.

2. Manufacturing facilities with a state license of a Type 6 (nonvolatile) or a Type 7 (volatile) classification may be allowed to operate under this chapter.

3. All equipment, systems and manufacturing processes must meet or exceed all applicable State and Federal requirements and regulations regarding air, water, health and safety, and handling, processing and storage of hazardous materials, solvents, gases and waste. No manufacturing facility shall commence operations or be issued any form of certificate of occupancy without first obtaining all required fire, environmental, health and safety, planning, and building certificates, permits and approvals required under the City’s municipal code and all other applicable County, State and Federal regulations.

4. Manufacturers shall not use any Class I or Class II solvents, as those terms are defined in Federal Drug Administration Guidance, Table I, published in the Federal Register on December 24, 1997 (62 FR 67377), for extraction.

5. Manufacturers shall use butanes, ethanol, carbon dioxide, propane, heptane or other solvents exhibiting low to minimal potential human health-related toxicity for extraction, or other methods approved by the State of California.

6. All extraction manufacturing using hydrocarbons shall be conducted with a professionally certified closed loop extraction system conforming to current American Society of Mechanical Engineers (ASME) standards and ratings for pressure vessels and shall be operated in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present.

7. All extraction manufacturing using CO2 shall be conducted in a professionally certified CO2 based extraction system conforming to current ASME standards and ratings for pressure vessels with a pressure rating at all points being at or above 600 pounds per square inch, and shall be operated in an environment with proper ventilation.

8. All other methods of extraction shall be conducted in an environment appropriate to the solvent being used, with consideration to proper ventilation and ignition source controls.

9. Manufacturers may use heat, screens, presses, steam distillation, ice water, and other methods of extraction without employing solvents or gases to create kief, hashish, bubble hash, or vegetable oils or fats derived from natural sources, and other extracts.

10. Manufacturers using extract to create ingestible products shall only use food-grade ingredients.

H. Ph.D. Chemist. As a condition of obtaining a City-issued cannabis regulatory permit and conditional use permit, a cannabis business permittee of a manufacturing facility desiring to operate under this chapter shall first verify that the cannabis business permittee employs or contracts with a person who has a Ph.D. in chemical sciences or related field of study and who shall supervise the design, installation and operation of the facility’s systems and manufacturing processes. Such person shall inspect the premises on a quarterly basis and provide such inspection report to the City. The cannabis business permittee shall submit to the City a written statement that he or she certifies under penalty of perjury that the name of the employee/contractor is true and correct. The employee/contractor shall also submit a written statement that he or she certifies under penalty of perjury his or her educational qualifications and verifying that the supervisor is employed or contracted to supervise the design, installation and operation of the facility’s systems and manufacturing processes.

I. State Regulations. In the event the State of California implements health and safety regulations applicable to cannabis manufacturing facilities, upon implementation of such State regulations, all cannabis manufacturing facilities operators shall immediately implement the State regulations. Should there be a conflict between the provisions of this chapter and the State regulations, the State regulations shall control.

J. Site Security. Each site security plan approved by the Sheriff’s Department must include the following:

K. Cannabis Business Permit. The cannabis manufacturing permittee shall display its current valid cannabis business permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the manufacturing site. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the manufacturing site.

L. Signs. A cannabis manufacturing facility permittee shall post in the lobby of the manufacturing site signs that state the following:

1. “This site is not open to the public.”

2. ”Retail sales of any goods and services is prohibited.”

3. “Juveniles are prohibited from entering this site.”

4. “Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited.”

M. Manufacturing Facility Restricted.

1. No cannabis manufacturing permittee shall open their facility to the public.

2. No cannabis manufacturing permittee shall allow anyone on the manufacturing site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters.

3. A manager must be on the facility site at all times that any other person, except for security guards, is on the site.

4. While on the manufacturing site, managers and staff of the cannabis manufacturing facility permittee must wear their cannabis testing identification badge, issued by the City, at all times.

5. Any person other than managers or staff who is on the manufacturing site must sign in, wear a visitor badge, and be escorted on the site by a manager at all times.

N. Juveniles Prohibited. No juvenile shall be on the manufacturing site or operate a cannabis manufacturing facility in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

O. Retail Sales Prohibited. No person shall conduct any retail sales of any good or services on or from a permitted cannabis manufacturing site.

P. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the site.

Q. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage on the site. [Ord. 1383 § 4, 2017].

17.156.090 Cannabis testing laboratory.

A. Permitted Locations. Cannabis testing laboratories shall only be located in the M-1 or M-2 zoning districts.

B. Permits Required. Cannabis testing laboratories shall obtain a City-issued conditional use permit, building permit and certificate of occupancy prior to the establishment of the use.

C. Cannabis Business Permit. Cannabis testing laboratories shall obtain a cannabis business permit.

D. Yearly Reporting. The cannabis business permittee shall submit to the City a financial report on a yearly basis detailing the gross proceeds of the business.

E. Interior Only. Cannabis testing shall be conducted only in the interior of fully enclosed structures, facilities, buildings, or other fully enclosed spaces consistent with the purpose and intent of this chapter. No cannabis testing laboratories shall be visible from any public right-of-way.

F. Operational Requirements. A cannabis testing laboratory site shall comply with the following requirements:

1. Entrances. All entrances into the buildings on the laboratory site shall be locked at all times with entry controlled by the cannabis testing laboratory permittee’s managers and staff.

2. Main Entrance and Lobby. The laboratory site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers, landscaping, and other obstructions. Inside of the main entrance, there shall be a lobby to receive persons into the site and to verify whether they are allowed in the testing areas.

3. Testing Area. All testing areas in any building on the laboratory site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory permittee.

4. Transport Area. Each building with a testing area shall have an area designed for the secure transfer of cannabis from a vehicle to the testing area.

5. Storage Area. Each building with a testing area shall have adequate storage space for cannabis that has been tested or is waiting to be tested. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory permittee.

G. Site Security. Each laboratory site security plan approved by the Sheriff’s Department must include the following:

1. Security Surveillance Cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the laboratory site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the laboratory site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

H. Cannabis Business Permit. The cannabis testing laboratory permittee shall display its current valid cannabis business permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the laboratory site. The permit shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the laboratory site.

I. Signs. A cannabis testing laboratory permittee shall post in the lobby of the laboratory site signs that state the following:

1. “This site is not open to the public.”

2. ”Retail sales of any goods and services is prohibited.”

3. “Juveniles are prohibited from entering this site.”

4. “Smoking, ingesting, or consuming cannabis on or within 20 feet of this site is prohibited.”

Each sign described in this subsection (I) must be at least eight inches by 10 inches in size and must be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the laboratory site.

J. Laboratory Site Restricted.

1. No cannabis testing laboratory permittee shall open their laboratory site to the public.

2. No cannabis testing laboratory permittee shall allow anyone on the laboratory site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters.

3. A manager must be on the laboratory site at all times that any other person, except for security guards, is on the site.

4. While on the laboratory site, managers and staff of the cannabis testing laboratory permittee must wear their cannabis testing identification badge, issued by the City, at all times.

5. Any person other than managers or staff who is on the laboratory site must sign in, wear a visitor badge, and be escorted on the site by a manager at all times.

K. Juveniles Prohibited. No juvenile shall be on the laboratory site or operate a cannabis testing laboratory in any capacity, including, but not limited to, as a manager, staff, employee, contractor, or volunteer.

L. Retail Sales Prohibited. No person shall conduct any retail sales of any goods or services on or from a permitted cannabis testing laboratory site.

M. Cannabis Consumption Prohibited. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the laboratory site.

N. Alcohol Prohibited. No person shall possess, consume, or store any alcoholic beverage on the laboratory site. [Ord. 1383 § 4, 2017].

17.156.100 Enforcement.

Violations of this chapter shall be considered a public nuisance, and may be enforced according to the procedures set forth in Chapter 8.18 LEMC and by the enforcement remedies conferred upon the City by Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773, or other lawful authority. Nothing in this provision is intended to impair any viable legal defense to a person using or in possession of cannabis pursuant to the CUA, the MMPA, the MMRSA, and the AMUA as may be amended from time to time. [Ord. 1383 § 4, 2017].

17.156.110 M-1 and M-2 district zones.

Should there be a conflict between the provisions of this chapter and Chapter 17.136 or 17.140 LEMC, this chapter shall control. [Ord. 1383 § 4, 2017].