HomeMy WebLinkAboutOrdinances - No. 1947ORDINANCE NO. 1947
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI
MUNICIPALCODETITLEg_PUBLICPEACE,MORALS,AND
WELFARE - BY REPEALING CHAPTER 9.30, 'MEDICAL MARIJUANA,"
lN ITS ENTIRETY; AMENDING LODI MUNICIPAL CODE TITLE I -
HEALTH AND SAFETY - BY REPEALING CHAPTER 8.30, 'MARIJUANA
cULTlVATloN," lN ITS ENTIRETY; AND FURTHER ENACTING
CHAPTER 8.30, "REGULATION OF MEDICINAL AND ADULT-USE
CANNABIS WITHIN THE CITY OF LODI'
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WHEREAS, in 1gg6, the voters of the State of California approved Proposition 215,
which was codified as Health and Safety Code section 11362.5 et seq. and entitled the
Compassionate Use Act of 1996 ('CUA"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need of
marijuana for medical purposes to obtain and use it under limited, specified circumstances; and
WHEREAS, on January 1,2004, Senate Bill 420 (Medical Marijuana Program Act
(.MMpA')) became effective to clarify the scope of the C_UA and to allow cities and counties to
àOopt anl enforce rules and regulations consistent with SB 420 and the CUA; and
WHEREAS, Health and Safety Code section 11362.83 expressly allows cities and
counties to adopt and enforce ordinances that are consistent with SB 420; and
WHEREAS , in City of Riverside v. Inland Empire Patients Health and Wellness CenfeL
lnc., 56 Cal.4th 72g (201g), the California Supreme Court held that neither the CUA nor the
MMPA preempt local regulation; and
WHEREAS, on October 11,2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266; and Assembly Bill 243, collectively referred to as the Medical Marijuana
C"gulát¡ón and Saiety Act ("MMR5A"¡, effective January 1, 2016, which established a statewide
lice"nsing system foi reguìating meáical marijuana cuttivation, manufacturing, delivery, and
dispenJing ïigt li."nrin! requirements and regulations that are only applicable to cities and
coùnties that permit *"I¡r"n" cultivation, manufacturing, dispensing, and delivery within their
jurisdictions. Under ttre 'tr¡n¡RSA, cities and counties may contilue to ban medical marijuana
tultivation, manufacturing, dispensing, and/or delivery within their jurisdictions; and
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law, including CW of Riverside v. lnland Empire Patients
Health and Wettness Cenfe4 lnc., 56 Cal.4th 729 (2013); and
WHEREAS, on November 8, 2016, the voters of the State of California approved
proposition 64, which is entitled the Adult Use of Marijuana Act ("AU-MA''), and codified as in
vari'ous sections of the Health and Safety Code and the Business and Professions Code, and to
establish a comprehensive system to legalize, control, and regulate the cultivation, processing,
manufacture, distribution, teLting, and lale of nonmedicinal marijuana, including marijuana
products; and
WHEREAS, on June 27,2017, the Governor signed into law Senate Bill 94, entitled the
Medical and Aduft-Ûse Cannabis Regulation and Safety Act ("MAUCRSA'), codified in Business
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and professions Code section 26000 et seq., to reconcile the regulation of medical marijuana
under the MMPA and the MMRSA with AUMA; and
WHEREAS, under the Federal Controlled Substances Act (21 U.S.C. 5801 et sejl.),
marijuana is classiîied as a Schedule 1 drug, meaning it has no accepted medical use. The
Fedéral Controlled Substances Act makes it unlawful, under federal law, for any person to
cultivate, manufacture, distribute or dispense, transport, or possess with the intent to
manufacture, distribute or dispense, marijuana; and
WHEREAS, Government Code sections 65850(a) and 65850(cX4), provide the authority
of the City of Lodi to regulate by ordinance the uses of land and the intensity of land use; and
WHEREAS, the City of Lodi Police Department and residents of the City of Lodi have-
reported adverse impacts from the outdoor cultivation of medical marijuana within the City of
Lodi, including offen'sive odors detectable beyond the property boundaries, increased risk of
trespassing, violent crime, burglary, and theft; and
WHEREAS, the strong odor of marijuana plants, which increases in intensity as the
plants mature, is highly offe-nsive to many individuals and creates an attractive nuisance,
alerting people to thã piur"n." and locatioñ of marijuana plants, creating. an increased risk of
nurglaÛ, robbery or armed robbery because of the monetary value of the plants; and
WHEREAS, the presence of marijuana plants is an attractive nuisance to minors,
creating a potential haza¡d in areas frequénted by minors, such as schools, parks, recreation
centers, and similar facilities; and
WHEREAS, it is the intention of the City Council of the City of Lodi that nothing in this
ordinance be deemed to conflict with the federal Controlled Substances Act (21 U S C 5841)'
by permitting or otherwise allowing any activity which is prohibited under the Act; and
WHEREAS, it is the purpose and intent of this ordinance to ensure that marijuana grown
for non-commercial medicai purposes or non-commercial adult-use remains secure and does
not find its way to illicit markets; and
WHEREAS, it is the purpose and intent of this ordinance to assist law enforcement
personnelto perform their duties effectively and in accordance with California law; and
WHEREAS, this ordinance is not subject to the California Environmental Quality Act
(CEOA) pursuant tô Government Code section 15060(c)(2) (the activity will not result in a direct
ò,. r"6ôÀably foreseeable indirect physical change in the environment) and Section 15060(cX3)
(the activity ís not a project as oet¡nêo in Sectión 15378) of the CEOô Guidelines, California
òooe of Rêgulations,'Tiúe 14, Chapter 3, because it has no potential for resulting in physical
change to thä environment, directly or indirectly; it prevents changes in the environment pending
tf,e cımptetion of the contemplateã General Plan adoption and zoning ordinance review; and
WHEREAS, for the protection of the public's health, safety, and general welfare, the City
Council on November 7, d}lz, adopted Ordinance No. 1867, an Uncodified lnterim Urgency
ordinance of the City Council of the City of Lodi, making findings and imposing a forty-flu" (1?)
day moratorium on tj tne outdoor cultivãtion of medical marijuana within the City of Lodi and 2)
tfrã indoor cultivation of medical marijuana that creates a public nuisance; and
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WHEREAS, for the continued protection of the public's health, safety, and general
welfare, the City Council on December 19, 2012, adopted Ordinance No. 1868 entitled an
Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings
and imposing an additionaL moratorium of ten (10) months and fifteen (15) days, as permitted by
GovernmenfÇode section 65858, to maintain the current status quo and to provide time for the
City to sturdy the issue further; and
WHEREAS, for the continued protection of the public's health, safety, and general
welfare, the City Council on November 6, 2013, adopted Ordinance No. 1885 entitled an
Uncodified lnterim Urgency Ordinance of the City Council of the City of Lodi, making findings
and imposing an additional moratorium of one year, as permitted by Government Code section
65858, to mãinta¡n the current status quo and to provide time for the City to meet with members
of the public, and to study and analyze the complicated legal and practical issues involved in
regulatìng the cultivation of marijuana for medical use, including a review of the City's General
Plãn and zoning ordinances, and to make recommendations for consideration by the City
Council; and
WHEREAS, for the continued protection of the public's health, safety, and general
welfare, the City Council on October 15, 2104, adopted Ordinance No. 1898 entitled "Regulation
of Marijuana Cultivation" banning (1) the outdoor cultivation of medical marijuana with the City of
Lodi; and (2) the indoor cultivation of medical marijuana that creates a public nuisance; and
WHEREAS, the City Council finds that the cultivation of marijuana within the City limits
can adversely affect the health, safety, and well-being of the City and its residents; and
WHEREAS, this ordinance allows the indoor cultivation of marijuana in accordance with
state law; and
WHEREAS, there is evidence of an increased incidence of crime-related secondary
impacts in locations associated with marijuana cultivation facilities, medicinal marijuana
dispensaries, and in connection with medicinal marijuana deliveries, which is contrary to policies
that are intended to promote and maintain the public's health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Title 9 - Public Peace, Morals and Welfare - is hereby
amended by repealing Chapter 9.30, "Medical Marijuana," irì its entirety.
Section 2. Lodi Municipal Code Title I - Health and Safety - is hereby amended by
repeal¡ng Chapter 8.30, "Marijuana Cultivation," in its entirety, and enacting Chapter 8.30,
"Regulation of Medicinal and Adult-Use Cannabis," to read as follows:
CHAPTER 8.30
REGULATION OF MEDICINAL AND ADULT-USE CANNABIS
SECTIONS
8.30.010
8.30.020
8.30.030
Purpose and lntent
Definitions
Establishment and Operation of Medical Marijuana Dispensaries and Adult-Use
Commercial Cannabis Sales Prohibited
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8.30.040
8.30.050
8.30.060
8.30.070
8.30.080
8.30.090
Delivery of Medicinal and Adult-Use Cannabis Prohibited
Commercial Cannabis Activity Prohibited
Outdoor Cultivation Prohibited
lndoor Cultivation
Public Nuisance
Enforcement and Civil Penalties
8.30.010 Purpose and lntent.
It is the purpose and intent of this Chapter to prohibit medicinal and adult-use commercial
cannabis activities, medicinal and adult-use cannabis deliveries, the outdoor cultivation of either
medicinal or adult-use cannabis, and to reasonably regulate the indoor cultivation of medicinal
and adult-use of cannabis within the City of Lodi in a manner that protects the health, safety,
and welfare of the communitY.
The City Council finds that sanctioning activities related to commercial cannabis (marijuana) is
inconsiðtent with federal law under tñe Controlled Substances Act (21 U.S.c. $801 et seq.)
which lists marijuana as a Schedule 1 drug and prohibits the possession, sale, and distribution
of marijuana
8.30.020 Definitions.
A. "AMUA' refers to the "Control, Regulate and Tax Adult-Use of Marijuana Act" approved
by the voters as proposition 64 on November 8, 2016, and codified in various sections of the
H-ealth and safety code and the Business and Professions code.
B. ,,Cannabis" or "Mar'ljuana" shall have the meaning set forth in Business and Professions
Code section 26001(0, as may be amended from time to time, and means all parts of the plant
Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the
seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the cannabis plant, its seeds or resin. lt does not
include industrial hemp, as defined by Health and Safety Code section 11018.5 or the weight of
any other ingredient combined with cannabis to prepare topical or oral administrations, food,
drink, or other product.
C. "Commercial Cannabis Activity" shall have the meaning set forth in Business and
professions Code section 26001(k), as may be amended from time to time, and includes the
medicinal or adult-use cultivation, possession, manufacture, distribution, processing, storing,
laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis
products. Commeicial cãnnãbis activity also inctudes the activities of any business, person or
nonprofit licensed by the State of Califırnia or other governmental entity under Chapter 3.5 of
Division 8 0r Division 10 0f the Business and Professions code.
D. ,,Cultivation" shall have the meaning set forth in Business and Professions Code section
26001(l), as may be amended from time to time, and includes the planting, growing, harvesting,
drying,
'curing, grading, or trimming of any cannabis plant(s) or any part(s) thereof for either
medicinal or adult use.
E. ,,Delivery" shall have the meaning set forth in Business and Professions Code section
26001(p), as mãy Oe amended from timã to time, and means the commercial delivery, transfer
or tranåport, or arranging for the delivery, transfer or transport, or the use of any technology
platform to arrange tır ór facilitate the commercial delivery, transfer or transport of medical
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mar¡juana, adult-use cannabis, all cannabis edibles, and/or any and all.cannabis products to or
from any íocation wrthin the jurisdictional limits of the City of Lodi, and any and all associated
business and/or operational activities'
F. ,,lndoors" means within a fully-enclosed and secure structure.
G. .MAUCRSA" refers to the "Medicinal and Adult-Use Regulation and Safety Act" signed
into law on June 27, 2017, and codified in Business and Professions Code section 26000 et
seq.
H. .Medical Marijuana" and "Medicinal Cannabis" means marijuana authorized in strict
compliance with Health and safety code sections 11362.5 et seq.
l. ,,Outdoor,' means any location within the city limits that is not a residential structure (as
defined below).
J. ,,person with an ldentification Card" shall have the meaning as set forth in Health and
Safety Code Section 11362.7, and as may be amended from time to time'
K. ,,p¡mary Caregiver" has the meaning set forth in Health and Safety Code Section
11362.7, as may be amended from time to time'
L. ,,eualified patient" has the meaning set forth in Health and Safety Code Section
11362.7, as may be amended from time to time'
M. ,,Residential Structure" means a single or multi-family house, an apartment unit, a mobile
home, or other similar dwelling located witñin a residential zoning district. Residential structure
includes a greenhouse on thJproperty of the residential structure, but not physically part of the
residence, ás long as it is fully encloéed, secure, and not visible from any street, sidewalk, or
other place freely accessible by the public.
g.30.030 Establishment and Operation of Medical Marijuana Dispensaries and Adult-Use
Commercial Cannabis Sales Prohibited.
Medical marijuana dispensaries and adult-use commercial cannabis retail or wholesale
establishments are prol.ribited in all zoning districts within the City's jurisdictional limits and shall
not be established,'operated, or permitted in or upon any premises in the City of Lodi. The city
shall not issue, "pproï"
or grant any permit, license or other entitlement for the establishment or
operation of a medical rñar¡uaná
'dispensary or the operation of an adult-use cannabis
cämmercial, wholesale or retai establistrment. No person may be the lessorfor property where
a medical marijuana dispensary or adult-use cannabis commercial, wholesale or retail
establishment is located.
8.30.040 Delivery of Medicinal and Adult-Use Cannabis Prohibited.
Delivery of cannabis by any person or entity, including, but not limited to, clinics, collectives,
ðoop"råt¡u"s and oispensari"ä, ¡. prohibited in all zoning districts within the City's jurisdicti.onal
limiis. No permit, license, use permit or variance, whether conditional or otherwise, shall be
issued for the establishment of such activity. Any delivery that takes place in violation of any
prãui"ion of this Chapter is unlawful, and is hereby declared a public nuisance' Nothing in this
bnapter is intended to, nor shall it be construed to, make legal any delivery activity that is
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otherwise prohibited under california law. As an exception to this provision, a person may
deliver or tiansport medicinal cannabis to a qualified patient or person with an identification card
for whom the delivering party is the primary caregiver.
8.30.050 CommercialCannabisActivityProhibited'
Commercial cannabis activity by any person or entity, including, but not limited to, clinics,
collectives, cooperatives, disþeniar¡eê, commercial or retail establishments, is prohibited in all
zones within the City's jurisdíctional limits. No permit, license, use permit or variance, whether
conditional or otherwise, shall be issued for the establishment of such activity. Any commercial
cannabis activity that takes place in violation of any provision of this Chapter is unlawful, and is
hereby declareá a public nuisance. Nothing in this Chapter is intended to, nor shall it be
constiued to, make legal any commercial cañnabis activity that is otherwise prohibited under
California law.
8.30.060 Outdoor Cultivation Prohibited.
Outdoor cultivation of cannabis is prohibited in all zoning districts in the City of Lodi. No person
owning, renting, leasing, occupying or having charge, possession, or control of any property
within-the City limits shãll cause-orãllow such property to be used for the outdoor cultivation of
cannabis for any purpose.
8.30.070 lndoor Cultivation.
A. lndoor cultivation of cannabis is prohibited in all zoning districts of the City, except for
residential zones. Cultivation of cannabis is permitted in a residential structure to the extent
"rtf'or¡r"O
under the AMUA and MAUCRSA. lndoor cannabis cultivation, including any lighting,
plumbing, or electrical components used for cultivation, shall comply with all state and local
buildingänd fire codes. The residential structure shall remain at all times a..residenc?, *il]''
legally permitted and functioning cooking, sleeping, and sanitation facilities, and with
apipropr¡ate ingress and egress ai required by this code. Cultivation shall not prevent the
pr¡maÛ use of these rooms for the cooking of meals, sleeping, and bathing.
B. No person owning, renting, leasing, occupying or having charge, possession, or control
of any resiàential structuie within the City shall cause or allow indoor cultivation of cannabis to
oe v¡ðiote from any street, sidewalk, or other place freely accessible by the public or to allow the
odor of marijuanaio permeate beyond the boundaries of the parcel or property where the indoor
cultivation is occurring. The indoôr cultivation of cannabis is prohibited as a home occupation.
8.30.080 Public Nuisance.
Any violations of this Ordinance shall be considered and declared to be a public nuisance and
miy Oe summarily abated by the City of Lodi pursuant to Civil Code Section 731.
8.30.0 E and Civil nalties.
A. Nothing in this Ordinance shall be deemed to prevent the City from instituting any
appropriate lelal procedures to abate, correct, enjoin or restrain any violation of this section,
including civil or criminal proceedings'
B. ln any civil action for injunctive relief brought pursuant to Lodi Municipal Code Chapter
1.10, acourt of competent juriåOiction may award reasonable attorney's fees and costs to the
prevailing party.
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C. Any person violating this ordinance shall be guilty of a misdemeanor and may be subject
to the penáfties set forth in Lodi Municipal Code Chapter 1'08'
D. Each day a person is in violation of this chapter shall be considered a separate violation.
E. The remedies and relief provided in this section shall be cumulative and in addition to
any and all other remedies available to the city under this code and state law.
Section 3.
or phrase
Severabilitv. lf any section, subsection,subdivision, paragraph, sentence, clause
of this Ordinance or any part thereof is for any reason held to be unconstitutional or
invalid or ineffective by any court of competent jurisd iction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City
Council of the City of Lodi hereby declares that it would have passed each section, subsection,
subdivision, paragraPh , sentence, clause or phrase thereof irrespective of the fact that any one
or more sections, subsections, subdivisions, parag
declared unconstitutional or invalid or ineffective.
raphs, sentences,clauses or phrases be
ATTEST:
UG E
Section 4. No Mandatory Dutv of Care. This Ordinance is not intended to and shall not be
construed or given e-ffect in a manner wrrrcfr imposes upon the City, or any_ officer or employee
thereof, a mañdatory duty of care towards persons or property within the.City or outside.of the
City so'as to provide a bai¡s of civil liability for damages, except as othenryise imposed by law'
Section 5: CEQA. This Ordinance is exempt from the requirements of the California
Environmentat euality Act (CEOA) pursuant to Government Code section 15060(c)(2) (the
activity will not resuli in a direct or reasonably foreseeable indirect physical change in the
enviroîment), Section 15060(cX3) (the activity is not a project as defined in Section 15378), and
section 15061(bx3) of the cEciA Guidelines, california code of Regulations, Title 14, chapter
3, because it hàs no potential for causing a significant effect to the environment.
Section 6. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
Section 7. Effective Date and PublicationThis ordinance shall take effect thirty (30) days
efulltextoftheordinancewithinfifteen(15)days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15j days afteradoption by the City Council, and a certified copy shall be posted in
the office of'the City Clerk pursuant to Government Code section 36933(c)(1)'
Approved this 1't day of November, 2017
{
NI F
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Clerk
o
Mayor
State of California
County of San Joaquin, ss.
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1947 was introduced at a régular meeting of the City Council of the City of Lodi on
October 1A, 2017, and was thereãfter passed, adopted, and ordered to print at a regular
meeting of said Council held November 1, 2017 by the following vote:
AyES: couNcll MEMBERS - Chandler, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Johnson and Mounce
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1947 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
NIFER
Clerk
FERRAIOLO
Approved to Form
MAGDICH
City Attorney
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