Chapter 5.80 COMMERCIAL CANNABIS ACTIVITIES

Chapter 5.80
COMMERCIAL CANNABIS ACTIVITIES

Sections:

5.80.010 Definitions.

5.80.020 Prohibition.

5.80.025 CBD electronic smoking devices and fluids – Prohibition.

5.80.040 Enforcement.

5.80.010 Definitions.

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also has the same meaning as set forth in Business and Professions Code Section 26001(f), or any successor statute thereto.

“Cannabis products” means cannabis 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 topical product containing cannabis or concentrated cannabis and other ingredients, and shall have the same meaning as set forth in Health and Safety Code Section 11018.1 and Business and Professions Code Section 26001(i), or any successor statutes thereto.

“Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, and shall have the same meaning as set forth in Business and Professions Code Section 26001(j), or any successor statute thereto.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, and shall have the same meaning as set forth in Business and Professions Code Section 26001(l) or any successor statute thereto.

“Customer” means a natural person 21 years of age or over, a natural person 18 years of age or older who possesses a physician’s recommendation, a qualified patient, or a primary caregiver, and shall have the same meaning as set forth in Business and Professions Code Section 26001(n), or any successor statute thereto.

“Delivery,” “delivered,” “deliveries,” and “delivering” means the commercial transfer of cannabis or cannabis products to a customer. The terms also include the use by a medicinal cannabis dispensary of any technology platform, and shall have the same meaning as set forth in Business and Professions Code Section 26001(p), or any successor statute thereto.

“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees, and shall have the same meaning as set forth in Business and Professions Code Section 26001(r), or any successor statute thereto.

“Licensee” means any natural person issued a license to engage in commercial cannabis activities by a state licensing authority, and by a local licensing authority, and shall have the same meaning as set forth in Business and Professions Code Section 26001(z), or any successor statute thereto.

“Local licensing authority” means a city, county, or city and county issuing a license for, or otherwise allowing, commercial cannabis activities within its jurisdiction, and shall have the same meaning as set forth in Business and Professions Code Section 26001(ac) defining a local jurisdiction, or any successor statute thereto.

“Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product, and shall have the same meaning as set forth in Business and Professions Code Section 26001(ag), or any successor statute thereto.

“Marijuana” means cannabis.

“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Health and Safety Code Section 11362.5, or any successor statute thereto, by a medicinal cannabis patient in California who possesses a physician’s recommendation, and shall have the same meaning as set forth in Business and Professions Code Section 26001(ai), or any successor statute thereto.

“Medicinal cannabis dispensary” or “dispensary” means commercial facility or location licensed by a state licensing authority and licensed or allowed by a local licensing authority, where medicinal cannabis is made available to or distributed by or distributed to primary caregivers or qualified patients. The following uses are not included within the definition of a “medicinal cannabis dispensary” or “dispensary,” so long as the location of such uses is otherwise regulated by this code or applicable law: a clinic licensed pursuant to Health and Safety Code Division 2, Chapter 1.05; a healthcare facility licensed pursuant to Health and Safety Code Division 2, Title 2; a facility licensed pursuant to Health and Safety Code Division 2, Title 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code Division 2, Chapter 3.01; a residential care facility for the elderly licensed pursuant to Health and Safety Code Division 2, Chapter 3.2; a residential hospice, or a home health agency licensed pursuant to Health and Safety Code Division 2, Chapter 8, as long as such use complies strictly with applicable law, including but not limited to, Health and Safety Code Section 11362.5 et seq.

“Primary caregiver” means the individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient, and shall have the same meaning as set forth in Health and Safety Code Section 11362.7(d), or any successor statute thereto.

“Private residence” means a house, an apartment unit, a mobile home, or other similar dwelling unit. To the extent allowed by law, “private residence” shall mean a fully enclosed and secure house, apartment unit, mobile home, or other similar dwelling unit. To the extent allowed by law, a private residence must be currently, presently, and lawfully utilized as the primary dwelling of one or more natural persons.

“Qualified patient” means a natural person with a physician’s recommendation for the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief, and shall have the same meaning as set forth in Health and Safety Code Section 11362.7(f), or any successor statute thereto.

“Sell,” “sale,” and “to sell” include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased, and shall have the same meaning as set forth in Business and Professions Code Section 26001(as), or any successor statute thereto.

“State licensing authority” means the state agency responsible for the issuance, renewal, administration, or reinstatement of a state license to engage in commercial cannabis activities, or the state agency authorized to take disciplinary action against the licensee. and shall have the same meaning as set forth in Business and Professions Code Section 26001(aa), or any successor statute thereto. (Ord. 2130 § 1(A), 2021; Ord. 2061 § 3 (Exh. A), 2017; Ord. 1828 § 1, 2007)

5.80.020 Prohibition.

All commercial cannabis activity is prohibited in the City, except for the limited activity specifically identified in LMC 5.80.030. (Ord. 2065 § 1(A), 2018; Ord. 2061 § 3 (Exh. A), 2017; Ord. 1828 § 1, 2007)

5.80.025 CBD electronic smoking devices and fluids – prohibition.

A. The prohibition against the sale, offer for sale, exchange, or offer to exchange of any electronic smoking device in LMC 5.50.100(B) also prohibits the sale, offer for sale, exchange, or offer to exchange of any electronic smoking device that can be used to deliver cannabidiol (CBD) or any other derivative of cannabis or hemp in an aerosolized or vaporized form to a person. For the purposes of this subsection, the definition for “electronic smoking device” in LMC 5.50.020(D) is further defined to include those devices that can be used to deliver cannabidiol (CBD) or any other derivative of cannabis or hemp in an aerosolized or vaporized form to a person.

B. The prohibition against the sale, offer for sale, exchange, or offer to exchange of any electronic smoking device fluid in LMC 5.50.100(C) also prohibits the sale, offer for sale, exchange, or offer to exchange of any electronic smoking device fluid containing cannabidiol (CBD) or any other derivative of cannabis or hemp. For the purposes of this subsection, the definition for “electronic smoking device fluid” in LMC 5.50.020(E) is further defined to include those fluids that contain cannabidiol (CBD) or any other derivative of cannabis or hemp in an aerosolized or vaporized form to a person. (Ord. 2098 § 2, 2020)

5.80.030 Exception.

The activity of delivering medicinal cannabis or medicinal cannabis products from a medicinal cannabis dispensary located outside the City to qualified patients and primary caregivers at private residences in the City is exempt from the prohibition in LMC 5.80.020, subject to the following restrictions:

A. Only medicinal cannabis dispensaries that are licensed by state licensing authorities, and the local licensing authority where the dispensary is physically located if a license is required by that local authority, and that are operating in compliance with the applicable state and local laws and regulations shall be allowed to deliver medicinal cannabis or medicinal cannabis products to a qualified patient or primary caregiver in the City;

B. Prior to engaging in deliveries to qualified patients or primary caregivers in the City of Livermore a medicinal cannabis dispensary must register with the Livermore Police Chief, or his or her designee, and:

1. Certify that the dispensary is licensed under and operating in compliance with the applicable laws and regulations of the state and local jurisdiction where the dispensary is physically located;

2. Provide the names, ages and driver’s license numbers of all persons who will be conducting the deliveries. The cannabis dispensary shall notify the Livermore Police Chief, or his designee, of any changes in the identities of the persons conducting the deliveries within 24 hours of any change in that information;

C. The medicinal cannabis dispensary must obtain an annual business license from the City of Livermore for the deliveries;

D. Prior to July 1st of each year, the medicinal cannabis dispensary shall certify to the Livermore Police Chief, or his or her designee, that the dispensary continues to be licensed under, and is in compliance with, the applicable state and local laws for the delivery of medicinal cannabis or medicinal cannabis products; and

E. The medicinal cannabis dispensary shall promptly report any thefts related to the delivery of medicinal cannabis and medicinal cannabis in the City of Livermore to the Livermore police department. (Ord. 2065 § 1(A), 2018; Ord. 2061 § 3 (Exh. A), 2017)

5.80.040 Enforcement.

A. Violations Declared Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and may be abated pursuant to the provisions of Code of Civil Procedure Section 731. Any violation of this chapter shall also be subject to any of the enforcement remedies available under Chapter 1.16 LMC, General Penalty, such as monetary fines charged for infractions and misdemeanors. These remedies are is in addition to any other remedy provided by law, including the provisions of the Livermore Municipal Code.

B. Conflicts. In the event of any conflict with other provisions of the Livermore Municipal Code, or statute incorporated by reference, the more restrictive standards shall apply. (Ord. 2061 § 3 (Exh. A), 2017)