17.200.022 Marijuana Cultivation and Cannabis Activity
The purpose and intent of this Section to prohibit marijuana cultivation and all commercial cannabis activities, in order to promote the health, safety, morals and general welfare of the residents and the businesses within the City.
A. Applicability
1. Nothing in this Section is intended, nor shall it be construed, to either burden any defense to a criminal prosecution set forth in the Compassionate Use Act, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act, or any other State law, or to criminalize any activities otherwise permitted by the State Legislature through the Compassionate Use Act, the Medical Marijuana Program Act, or the Medical Marijuana Regulation and Safety Act, or any other State law.
2. All the provisions of this Section shall apply to all property, public and private, within the City.
3. All the provisions of this Section shall apply indoors and outdoors.
B. Definitions. The following definitions apply to this Section:
1. “Commercial cannabis activity” includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of marijuana and marijuana products, including medical and non-medical marijuana, non-medical cannabis products and medical cannabis products within the meaning of California Business and Professions Code Section 19300 et seq.
2. “Marijuana” shall have the same definition as that set forth in California Health & Safety Code Section 11018.
3. “Medical marijuana” shall mean marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5.
4. “Marijuana cultivation” shall mean the planting, growing, harvesting drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation.
5. “Person” shall mean any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer and/or salesperson.
C. Marijuana Cultivation.
1. Outdoor Cultivation. Outdoor marijuana cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of Westminster.
2. Indoor Cultivation. Cultivation of marijuana indoors, as authorized by State law, shall be permitted within private residences by persons 21 years of age or older, provided that the cultivation is conducted in compliance with State law. No person shall cultivate more marijuana plants indoors than is expressly authorized by Health and Safety Code Section 11362.2.
D. Commercial Cannabis Activity. Commercial cannabis activity by any person, including primary caregivers, qualified patients and dispensaries, is prohibited in all zoning districts within the City of Westminster.
E. Declaration of Public Nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Chapter, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
F. Violations.
1. Violations of this Section shall be a civil or administrative violation within the meaning of the Westminster Municipal Code, and as specified in Chapter 17.650 (Enforcement) of the Westminster Municipal Code.
2. This Section is not the exclusive means for the abatement of marijuana dispensaries within the City of Westminster. The remedies set forth pursuant to this Section shall be in addition to any other existing remedies for violations of the Zoning Code, including, but not limited to, any action at law or equity.
(Ord. 2533 §§ 2—4, 2016; Ord. 2532 §§ 2—4, 2016; Ord. 2527 § 2, 2016)