HomeMy WebLinkAboutOrdinances_2827_CCv0001.pdf ORDINANCE NO. 2827
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
18.18 OF THE REDLANDS MUNICIPAL CODE TO PROHIBIT CANNABIS
DISPENSARIES, CANNABIS MANUFACTURERS, CULTIVATION, AND
DELIVERY OF CANNABIS IN THE CITY
WHEREAS, in 1996, the voters of the State of California approved Proposition 215
(codified as Health & Safety Code Section 11362.5 et seq. and entitled "The Compassionate Use
Act of 1996"); and
WHEREAS, the intent of Proposition 215 was to enable seriously ill Californians to
legally possess, use, and cultivate marijuana for medical use under state law; and
WHEREAS, in 2003, the California Legislature adopted SB 420, the Medical Marijuana
Program ("MMP"), codified as Health and Safety Code Section 11362.7 et seq., which permits
qualified patients and their primary caregivers to associate collectively or cooperatively to
cultivate marijuana for medical purposes without being subject to criminal prosecution under the
Penal Code; and
WHEREAS, neither the Compassionate Use Act ("CUA") nor the MMP require nor
impose an affirmative duty or mandate upon local governments to allow, authorize, or sanction
the establishment of facilities that cultivate or process medical marijuana within its jurisdiction;
and
WHEREAS, in May 2013, the California Supreme Court issued its decision in City of
Riverside v. Inland Empire Patients Health and Wellness Centel; Inc. (2013) 56 Cal. 4th 729,
holding that cities have the authority to regulate or ban outright medical marijuana land uses; and
WHEREAS, under the Federal Controlled Substances Act, codified in 21 U.S.C. Section
801 et seq., the use, possession, and cultivation of marijuana are unlawful and subject to federal
prosecution without regard to a claimed medical need; and
WHEREAS, on October 9, 2015, Governor Jerry Brown signed the "Medical Marijuana
Regulation and Safety Act" ("Act") into law; and
WHEREAS, the Act becomes effective January 1, 2016 and contains provisions which
allow for local govermnents to regulate licenses and certain activities thereunder; and
WHEREAS, the Act contains a provision which sets forth that the State shall become the
sole authority for regulation under certain parts of the Act, unless local governments have "land
use regulations or ordinances regulating or prohibiting the cultivation of marijuana..." (Health
and Safety Code §11362.777(c)(4); and
1:\cclerk\OrdinancesWos 2800-2899 in Word\2827 Medical Marijuana DJM Revised-Clean I 19 16.doc
WHEREAS, several California cities have reported negative impacts of marijuana
cultivation, processing, and distribution uses, including offensive odors, illegal sales, and
distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards,
and problems associated with mold, fungus, and pests; and
WHEREAS, marijuana plants, as they begin to flower and for a period of two months or
more, produce a strong odor, and detectable far beyond property boundaries if grown outdoors;
and
WHEREAS, the strong smell of marijuana creates an attractive nuisance, alerting persons
to the location of the valuable plants, and creating a risk of burglary, robbery, or armed robbery;
and
WHEREAS, the indoor cultivation of marijuana has potential adverse effects to the
health and safety of the occupants; including structural damage to the building due to increased
moisture and excessive mold growth which can occur and can pose a risk of fire and
electrocution; additionally, the use of pesticides and fertilizers can lead to chemical
contamination within the structure; and
WHEREAS, the Attorney General's August 2008 Guidelines for the Security and Non-
Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other
concentration of marijuana in any location or premises without adequate security increases the
risk that nearby homes or businesses may be negatively impacted by nuisance activity such as
loitering or crime; and
WHEREAS, based on the experiences of other cities, these negative effects on the public
health, safety, and welfare are likely to occur, and continue to occur, in the City due to the
establishment and operation of marijuana cultivation, processing, and distribution uses; and
WHEREAS, the City's Municipal Code ("Code") does not address the cultivation,
processing, delivery and distribution of medical cannabis; and
WHEREAS, based on the findings above, the potential establishment of cannabis
dispensaries, cultivation, cannabis manufacturers and delivery of cannabis uses in the City
without regulation poses a current and immediate threat to the public health, safety and welfare in
the City due to the negative land use and other impacts of such uses as described above; and
WHEREAS, the issuance or approval of business licenses, subdivisions, use pennits,
variances, building permits, or any other applicable entitlement for cannabis dispensaries,
cultivation, cannabis manufacturers and delivery of cannabis will result in the aforementioned
threat to public health, safety, or welfare;
1Acclerk\Ordinances\Nos 2800-2899 in Wor&2827 Medical Marijuana DJM Revised-Clean 1 19 16.doc
THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF
REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that all of the foregoing recitals and the
staff report presented herewith are true and correct and are hereby incorporated and adopted as
findings of the City Council as if fully set forth herein.
Section 2. Chapter 18.18 of the Redlands Municipal Code, entitled "Medical
Marijuana," is hereby amended to read in its entirety as follows:
"CHAPTER 18.18
Medical Marijuana
18.18.010 Purpose
18.18.020 Definitions
18.18.030 Prohibited Use
18.18.040 Public Nuisance Declared
18.18.050 Penalty for Violation
18.18.010: Purpose.
The purpose of this Chapter is to enact and enforce a ban on all cannabis dispensaries,
cannabis manufacturers, cultivation, and delivery of cannabis located within the City limits.
Nothing in this Chapter shall preempt or make inapplicable any provision of state or federal law.
18.18.020: Definitions.
For purposes of this Chapter, the following definitions shall apply:
A. "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 marijuana. "Cannabis" also means marijuana as
defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the
Statutes of 1972.
B. "Cannabis dispensary" means a facility where cannabis, cannabis products, or devices for
the use of cannabis or cannabis products are offered, either individually or in any combination,
for wholesale or retail sale, including an establishment that delivers cannabis and cannabis
products either wholesale or as part of a retail sale.
C. "Cannabis manufacturer" means a person that conducts the production, preparation,
propagation, or compounding of manufactured cannabis, or cannabis products either directly or
indirectly or by extraction methods, or independently by means of chemical synthesis or by a
lAcclerMOrdinancesWas 2800-2899 in Wordq827 Medical Marijuana DJM Revised-Clean 1 19 16.doc
combination of extraction and chemical synthesis at a fixed location that packages or repackages
medical cannabis or cannabis products or labels or relabels its container.
D. "Cultivation" means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of cannabis.
E. "Delivery" means the commercial transfer of cannabis or cannabis products, and
includes origination or termination within the City as well as a delivery business.
18.18.030: Prohibited Use.
Cannabis dispensaries, cultivation, cannabis manufacturers, and delivery of cannabis, as defined
herein, shall be considered prohibited uses in all zoning districts, including specific plans, of the
City. No use permit, variance, building permit, or any other entitlement or permit, whether
administrative or discretionary, shall be approved or issued for the establishment or operation of
a dispensaries, cannabis cultivation, cannabis manufacturers, and delivery of cannabis as defined
herein in any zoning district or specific plan, and no person shall otherwise establish such
businesses or operations in any zoning district or specific plan.
18.18.040: Public Nuisance Declared.
Marijuana cultivation, marijuana delivery, and operation of any marijuana business or marijuana
dispensary in violation of the provisions of this Code including, without limitation, this Chapter,
is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
18.18.050: Penalty for Violation.
Violations of this chapter may be enforced by any applicable law; provided, however, that a
person who is in full compliance with the Compassionate Use Act (California Health and Safety
Code Section 11362.5) ("CUA") and the Medical Marijuana Program Act (California Health and
Safety Code Section 11362.7 et seq.) ("MMPA") shall not be subject to criminal penalties and
nothing in this chapter is intended, nor shall it be construed, to conflict with or burden any
defense to criminal prosecution under the CUA and the MMPA. Notwithstanding the foregoing
and in addition to the specific prohibitions set forth in this Code, this chapter is intended to
prohibit all activities for which a license from the State of California is required and for which an
exemption is granted under the Medical Marijuana Regulation and Safety Act (Stats. 2015, c.
689 (AB 266); Stats. 2015, c. 688 (AB 243); Stats. 2015, c. 719 (SB 643)) ("MMRSA").
Accordingly, the City shall not issue any permit, license, approval or other entitlement for any
activity for which a license from the State of California is required or for which an exemption is
granted under the MMRSA. Notwithstanding the foregoing, nothing in this chapter is intended
or shall be interpreted as limiting the City's rights under all applicable laws, rules and
regulations, including, but not limited to, its police powers and applicable case law, to regulate
the storage, cultivation, selling, delivery or other distribution or dispensing of marijuana or
marijuana-related products."
I:\cclerk\Ordinances\Nos 2800-2899 in Word\2827 Medical Marijuana DJM Revised-Clean 1 19 16.doc
Section 3. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(3)
because this activity is not a project as defined by Section 15378 of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, and pursuant to CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty that it will not have a significant effect or
physical change to the environment.
Section 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a suliu-nary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
By: J\t � A—Wa— �.
Paul W. Foster, Mayor
ATTEST:
By: —z�4
Sam Irwin, City Clerk
1:\ccler1-\0rdinancesWos 2800-2899 in Word\2827 Medical Marijuana DJM Revised-Clean 1 19 16.doc
1, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 19th day of January,
2016, by the following vote:
AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
L\cclerk\Ordinances\Nos 2800-2899 in Word\2827 Medical Marijuana DJM Revised-Clean 1 19 16.doc