Chapter 41
UNLICENSED COMMERCIAL CANNABIS ACTIVITY

4.41.102 Purpose.

The intent of this chapter is to allow imposition of fines related to unlicensed commercial cannabis activity as authorized by Government Code Section 53069.4, notwithstanding Government Code Section 36900, and any other fines allowed by law. It is also the intent of this chapter to declare such activity a public nuisance. This chapter is not intended to and does not authorize any commercial cannabis activity, whether by license or otherwise.

(Sec. 3, Ordinance No. 05-24, adopted March 12, 2024)

4.41.104 Definitions.

For purposes of this chapter:

a.    "Cannabis" refers to any type of Cannabis plant, including Cannabis sativa Linnaeus, Cannabis indica, Cannabis ruderalis, and any hybrids of different types of Cannabis plants. Hemp plants and cannabidiol (commonly referred to as "CBD") products are not included in this definition and are subject to Section 4.12.110.

b.    "Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis.

c.    "Cultivation" refers to any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

d.    "Distribution" refers to the procurement, sale, and transport of cannabis and cannabis products between persons or entities.

e.    "Manufacturing" refers to creating cannabis products through 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.

f.    "Processing" refers to trimming, drying, curing, grading, packaging, and labeling of cannabis products.

g.    "Retail sale" refers to any transaction whereby, for any consideration, cannabis or cannabis products are transferred from one person or entity to another.

(Sec. 3, Ordinance No. 05-24, adopted March 12, 2024)

4.41.106 Unlicensed Commercial Cannabis Activity.

Unlicensed commercial cannabis activity is unlawful and a public nuisance.

(Sec. 3, Ordinance No. 05-24, adopted March 12, 2024)

4.41.108 Violation for Unlicensed Commercial Cannabis Activity.

a.    Administrative fines or penalties for persons or entities engaging in all unlicensed commercial cannabis activity including cultivation, manufacturing, processing, distribution, or retail sale of cannabis may be immediately imposed.

b.    Notwithstanding Government Code Section 36900, or any other provision of law, administrative fines for unlicensed commercial cannabis activity shall not exceed $1,000 per violation or $10,000 per day.

c.    An administrative fine under this chapter may be imposed on the property owner and each owner of the occupant business entity engaging in unlicensed commercial cannabis activity and hold them jointly and severally liable.

(Sec. 3, Ordinance No. 05-24, adopted March 12, 2024)

4.41.110 Referral of Matters to Attorney General.

Matters involving unlicensed commercial cannabis activity may be referred to the Attorney General.

(Sec. 3, Ordinance No. 05-24, adopted March 12, 2024)

4.41.120 Administrative Hearing Requirements.

Any property owner that can substantiate before an administrative hearing officer that all of the following are true shall be provided a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties:

a.    A tenant is in possession of the property that is the subject of the administrative action.

b.    The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the commercial cannabis activity.

c.    The rental property owner or agent did not know the tenant was engaging in unlawful commercial cannabis activity and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the unlawful commercial cannabis activity.

(Sec. 1, Ordinance No. 09-24, adopted June 11, 2024)