§ 20.11.270. Cannabis facilities, cultivation, and deliveries.

1.

Definitions. The following words used in Section 20.11.270 are defined as follows:

Cannabis has the meaning set forth in Business and Professions Code section 26001(f) and includes 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" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

Commercial cannabis activity has the meaning set forth in Business and Professions Code Section 26001(k), and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or cannabis products as provided under MAUCRSA.

Commercial cannabis facility means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code Sections 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis transportation, cannabis storage, manufacturing of cannabis products, cannabis processing, the sale of any cannabis or cannabis products, and the operation of a cannabis microbusiness. Commercial cannabis facility includes any building, facility, use, establishment, property, or location where cannabis and/or cannabis products are sold or distributed in exchange for compensation in any form for medicinal purposes under Health and Safety Code Sections 11362.5 and 11362.7 and following.

Cultivation has the meaning set forth in Business and Professions Code Section 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Delivery means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

Distribution means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as they may be amended from time to time.

Medicinal cannabis or medical cannabis is cannabis 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 cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7.

MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time.

Primary caregiver has the meaning set forth in Health and Safety Code Sections 11362.5(e) and 11362.7(d).

Private residence means a house, an apartment unit, condominium, or other similar dwelling.

Qualified patient has the meaning set forth in Health and Safety Code section 11362.7(f).

2.

Purpose and Intent. The purpose and intent of this Section is to prohibit commercial cannabis facilities and to regulate cannabis cultivation, as defined above, within the city limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare.

3.

Commercial cannabis facilities and cannabis deliveries.

a.

Commercial cannabis facilities are prohibited in all zones in the city. No person or entity may establish or operate a commercial cannabis facility within city limits.

b.

No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

c.

The delivery of cannabis to any person within the city limits is prohibited, except for deliveries of medicinal cannabis by a primary caregiver to one of the primary caregiver's qualified patients, and these deliveries by the primary care giver are subject to the following requirements:

(1)

Deliveries are only permitted to occur from the hours of 7:00 a.m. to 8:00 p.m.;

(2)

The delivery must be in an unmarked vehicle; and

(3)

Deliveries are only permitted to a private home, apartment or residential condominium.

d.

Section 20.11.270 is not intended to prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to MAUCRSA.

4.

Cannabis Cultivation. No person may cultivate cannabis at any location within the city, except in compliance with all of the following:

a.

All cannabis cultivation within city limits is prohibited except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence. Such cultivation may only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry.

b.

The owner of the private residence has provided written consent allowing cannabis cultivation to occur at the private residence.

c.

Persons cultivating cannabis under this Section must comply with all applicable building code requirements set forth in the Delano Municipal Code.

d.

No use of gas products (CO2, butane, propane, natural gas, etc.) is permitted on the property for purposes of cannabis cultivation.

e.

All private cannabis cultivation under this Section must comply with Health and Safety Code Section 11362.2(a)(3).

f.

Indoor grow lights cannot exceed one thousand watts per light.

g.

Adverse impacts of cannabis cultivation will be mitigated so that a public nuisance, as defined by Civil Code Section 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.

h.

A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.

i.

Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least fifty percent non-cannabis waste.

5.

Violation. Violation of any provision of this Section is subject to enforcement remedies and penalties as set forth in Delano Municipal Code Chapter 1.08.

6.

Civil Penalties. Any violation of this Section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the city, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates Section 20.11.270. In any civil action brought pursuant to this Section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.

(Ord. No. 2017-1296, § 1(Exh. A), 12-18-2017; Ord. No. 2017-1297, § 3(Exh. A), 12-18-2017)

Editor's note

Ord. No. 2017-1296, § 1(Exh. A), adopted December 18, 2017, amended § 20.11.270 in its entirety to read as herein set out. Former § 20.11.270, pertained to medical marijuana dispensaries, cooperatives, collectives, or cultivation, and derived from Ord. No. 2015-1277, adopted December 7, 2015.