Chapter 7.80
MARIJUANA USE REGULATIONS
Sections:
7.80.030 Indoor marijuana cultivation for personal consumption.
7.80.010 Definitions.
A. “Commercial cannabis activity” means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and nonmedical marijuana, nonmedical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq.
B. “Commercial cannabis establishment” means any facility or location where commercial cannabis activity is conducted, where nonmedical marijuana, nonmedical marijuana products, medical marijuana, or medical marijuana products are made available, sold and/or distributed.
C. “Fully enclosed and secure structure” means a building, fire, and zoning code compliant space: (1) within a building, (2) a greenhouse or (3) other structure, which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more locking doors.
D. “Marijuana” shall have the same definition as that set forth in California Health and Safety Code Section 11018.
E. “Marijuana accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
F. “Marijuana distribution” means the procurement, sale, and transport of marijuana and marijuana products between entities licensed by the state of California.
G. “Marijuana operation” means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of commercial cannabis activity.
H. “Marijuana, medical” means marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7. “Medical marijuana” shall also include any edible or other products that contain marijuana, including, but not limited to, concentrates or extractions.
I. “Marijuana cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and nonmedical recreational marijuana, and shall include both indoor and outdoor cultivation.
J. “Marijuana delivery” means the commercial transfer of marijuana or marijuana products, medical marijuana or medical marijuana products from a dispensary or commercial cannabis establishment to any person or entity, including a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code. This shall also include the use by a dispensary, and/or commercial cannabis establishment or other party, of any technological platform that enables patients or primary caregivers to arrange for or facilitate the commercial transfer of marijuana or marijuana products, medical marijuana or medical marijuana products.
K. “Marijuana manufacturing” means the production, preparation, propagation, or compounding of marijuana, and/or medical marijuana, including, but not limited to, edibles or other products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.
L. “Marijuana testing laboratory” means any facility, entity or site that offers or performs testing of marijuana or marijuana products, medical marijuana or medical marijuana products, including the equipment provided by such laboratory, facility, or entity, and that is both of the following:
(a) Accredited by an accrediting body that is independent from all other persons involved in commercial or medical marijuana activity in the state.
(b) Registered with the State of California Department of Public Health.
(Ord. 2343 § 1 (part), 11-28-17)
7.80.020 Scope.
A. Marijuana Regulations—Intent and Purpose. It is the intent of these regulations to prohibit medical marijuana and nonmedical commercial cannabis activity, including deliveries, manufacturing, cultivation, possession, processing, storing, laboratory testing, labeling, distribution, and sale of nonmedical cannabis products and medical cannabis products within the meaning of the California Business and Professions Code Section 19300 et seq., and to prohibit both commercial and personal outdoor cultivation, to the extent permitted by state law in order to protect public health, safety, and welfare; and to avoid adverse secondary impacts that are derived by the operation of said facilities.
B. Commercial Cannabis Activity Prohibited. It is unlawful for any person or entity to own, manage, conduct, or operate any commercial cannabis establishment or activity or to participate as an employee, contractor, agent, volunteer, primary caregiver, qualified patient, or in any other manner or capacity, in the city of South Gate.
C. Commercial Cannabis Establishment Prohibited. It is unlawful for any person or entity to own, manage, conduct, or operate or to assist in the operation of any commercial cannabis establishment within the city of South Gate.
D. Marijuana Delivery Prohibited. Delivery of any medical marijuana, medical marijuana products, nonmedical marijuana, and nonmedical marijuana products, including but not limited to any marijuana-infused product such as tinctures, baked goods or other consumable products, from and/or to any location within the city is prohibited.
E. Marijuana Cultivation Prohibited. Unless authorized pursuant to Section 7.80.030, it is unlawful for any person or entity to cultivate medical and/or nonmedical marijuana for any purpose within the city of South Gate.
(Ord. 2343 § 1 (part), 11-28-17)
7.80.030 Indoor marijuana cultivation for personal consumption.
A. Cultivation of marijuana indoors for personal consumption only shall be permitted within a fully enclosed and secure structure by persons twenty-one years of age or older, which shall conform to the following minimum standards:
(1) Cultivation shall only be conducted within a fully enclosed and secure structure, and all areas used for cultivation shall comply with all applicable zoning, building, and fire codes adopted by the city of South Gate, including obtaining all required permits, inspections and approvals;
(2) Cultivation shall be limited to up to six living marijuana plants:
a. For properties with a single-family or duplex residential dwelling unit(s), the cultivation of marijuana may be located within the residential unit or a fully enclosed and secure structure. An accessory structure to be used for marijuana cultivation shall not be located within any front yard or street side yard;
b. For all other residentially developed properties, cultivation of marijuana may only be located within a fully enclosed and secure structure within a residential dwelling unit;
c. All cultivation of marijuana must be done in one contiguous area;
d. Cultivation of marijuana is prohibited in kitchens, bathrooms, garages, or common areas of a dwelling or residentially developed property of any kind;
(3) Marijuana plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, delivered or given to any other person or entity;
(4) The person or primary caregiver cultivating the marijuana shall reside full-time in the unit where the marijuana cultivation occurs;
(5) Indoor lights required for marijuana cultivation in any structure shall not exceed an aggregate of one thousand two hundred watts and shall comply with all applicable building code regulations;
(6) Gas products (including, without limitation, CO2, butane, propane, and natural gas) or generators shall not be used for the cultivation of marijuana;
(7) Any residential structure used for the cultivation of marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the unit or structure and that shall comply with all applicable building code regulations, including obtaining all required permits, inspections and approvals. The ventilation and filtration system must be approved by the city and installed prior to commencing cultivation within the fully enclosed and secure structure;
(8) Marijuana cultivation occurring within a fully enclosed and secure structure shall be in a cumulative area totaling no larger than one hundred square feet; the total under canopy square footage shall be included in the square footage calculation;
(9) The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation prevents their primary use for cooking of meals, sleeping, and bathing;
(10) The garage of a residential structure shall not be used for marijuana cultivation and shall remain free and clear of marijuana cultivation equipment or living marijuana plants;
(11) Marijuana cultivation areas shall have adequate mechanical locking or electronic security systems installed prior to cultivation, and said areas shall remain secure at all times and not be accessible to persons under twenty-one years of age;
(12) A portable fire extinguisher, which complies with the regulations and standards adopted by the State Fire Marshal and applicable law, shall be kept in the same room as where the cultivation occurs;
(13) No exterior evidence of marijuana cultivation occurring at the property shall be visible from public view.
B. Regulatory Permit Required. Cultivation of marijuana indoors for personal consumption shall be permitted only upon the completion of a regulatory permit from the city manager or designee. There shall not be any fee for submission of this regulatory permit, and the applicant shall make a declaration under penalty of perjury that he or she shall not engage in the cultivation of marijuana for commercial purposes at the residence, or residential dwelling, identified in the application. The cultivation of marijuana indoors for personal consumption shall be in accordance with subsection (A) of this section and Chapter 11.51 (Permits and Procedures), and as amended from time to time.
(Ord. 2343 § 1 (part), 11-28-17)
7.80.040 Savings clause.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
(Ord. 2343 § 1 (part), 11-28-17)