ORD 532 CannabisORDINANCE NO.532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, ADDING CHAPTER 5.90 TO THE LA
QUINTA MUNICIPAL CODE TO PROHIBIT ALL CANNABIS
RELATED USES, COMMERCIAL CANNABIS ACTIVITIES, AND
THE DELIVERY AND CULTIVATION OF CANNABIS IN THE
CITY
WHEREAS, in 1996, the voters of the State of California approved Proposition
215 (codified as California Health & Safety Code § 11362.5, and entitled "The
Compassionate Use Act of 1996" or "CUA"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of cannabis for legitimate medical purposes to use it without fear of criminal
prosecution under limited, specific circumstances; and
WHEREAS, Proposition 215 further provides that "nothing in this section shall
be construed or supersede legislation prohibiting persons from engaging in conduct
that endangers others, or to condone the diversion of [cannabis] for non -medical
purposes;" and
WHEREAS, the ballot arguments supporting Proposition 215 expressly
acknowledged that "Proposition 215 does not allow unlimited quantities of [cannabis]
to be grown anywhere;" and
WHEREAS, in 2004, the Legislature enacted Senate Bill 420 (codified as
California Health & Safety Code § 11362.7 et seq. and referred to as the Medical
Marijuana Program Act or "MMPA") to clarify the scope of the CUA and to provide
qualifying patients and primary caregivers who collectively or cooperatively cultivate
cannabis for medical purposes with a limited defense to certain specific state criminal
statutes; and
WHEREAS, Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended
the MMPA to expressly recognize the authority of counties and cities to "[a]dopt local
ordinances that regulate the location, operation, or establishment of a medical
[cannabis] cooperative or collective" and to civilly and criminally enforce such
ordinances; and
WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness
Center (2013) 56 Cal.4th 729, the California Supreme Court confirmed the ability of
local entities to ban and/or regulate medical cannabis cooperative and collectives,
holding that "[n]othing in the CUA or MMP[A] expressly or impliedly limits the inherent
authority of a local jurisdiction, by its own ordinances, to regulate the use of its
land..."; and
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 2 of 9
WHEREAS, in Mara[ v. City of Live Oak, (2013) 221 Cal.App.4th 975, the Court of
Appeal held that "there is no right - and certainly no constitutional right - to cultivate
medical [cannabis]..." and thus confirmed the ability of a local governmental entity to
prohibit the cultivation of cannabis under its land use authority; and
WHEREAS, the Federal Controlled Substances Act (21 U.S.C. § 801 et seq.)
classifies cannabis (marijuana) as a Schedule 1 Drug, which is defined as a drug or
other substance that has a high potential for abuse, no currently accepted medical
use for treatment in the United States, and which has not been accepted as safe for
use under medical supervision; and
WHEREAS, the Federal Controlled Substances Act makes it unlawful under
federal law for any person to cultivate, manufacture, distribute or dispense, or possess
with an intent to manufacture, distribute, or dispense cannabis (marijuana); and
WHEREAS, the Federal Controlled Substances Act contains no exception for
medical purposes, but, through federal legislation related to appropriations of federal
funds, the United States has suspended funding to the United States Department of
Justice to prevent states that have adopted limited cannabis use for medical purposes
from implementing those states' medical cannabis laws; and
WHEREAS, on October 9, 2015, Governor Brown signed three (3) bills into law
(AB 243, AB 266, and SB 643) which collectively are known as the Medical Marijuana
Regulation and Safety Act ("MMRSA"); and
WHEREAS, the MMRSA sets up a State licensing scheme for commercial medical
cannabis uses, while protecting local control by requiring that all such businesses
must have a local license or permit in addition to a State license in order to operate;
and
WHEREAS, the MMRSA allows cities to completely prohibit all commercial
medical cannabis activities; and
WHEREAS, the MMRSA also requires numerous State agencies to issue
regulations relating to their areas of expertise; and
WHEREAS, the State estimates that it will not begin processing licenses for
cannabis related uses until January 2018 at the earliest; and
WHEREAS, as a result of this new State licensing system, as well as the yet -to -
be issued State regulations, there is uncertainty as to how the MMRSA and its
regulations will be implemented by State officials; and
WHEREAS, as recognized by the Attorney General's August 2008 Guidelines for
the Security and Non -Diversion of Marijuana Grown for Medical Use, cannabis
cultivation or other concentration of cannabis in any location or premises without
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 3 of 9
adequate security increases the risk that surrounding homes or businesses may be
negatively impacted by nuisance activity such as loitering or crime; and
WHEREAS, the City Council finds that medical cannabis activities, as well as
cultivation for personal medical use as allowed by the CUA and MMPA can adversely
affect the safety and well-being of City residents if such activities are either
unregulated or not properly regulated; and
WHEREAS, the City Council finds that Citywide prohibition is proper and
necessary at this point in time to avoid the risks of criminal activity, impacts on the
natural environment, malodorous smells, and indoor electrical fire hazards that may
result from such activities if they are either unregulated or not properly regulated,
with the understanding that the City Council may, at a future period in time, revisit the
regulation of cannabis related uses and commercial cannabis activities as authorized
under the MMRSA; and
WHEREAS, the limited immunity from specified state cannabis laws provided by
the CUA and MMPA does not confer a land use right or the right to create or maintain
a public nuisance; and
WHEREAS, the MMRSA contains language that requires cities to prohibit
cultivation uses by March 1, 2016 either expressly or otherwise under the principles of
permissive zoning, or the State will become the sole licensing authority; and
WHEREAS, the MMRSA also contains language that requires delivery services to
be expressly prohibited by local ordinance, if the City wishes to do so; and
WHEREAS, the MMRSA is silent as to how the City must prohibit these or other
types of commercial medical cannabis activities; and
WHEREAS, Section 9.20.050 of the La Quinta Municipal Code currently bans
medical cannabis dispensaries in all zones, and defines "medical marijuana
dispensary" as a "facility or location which provides, makes available or distributes
medical marijuana [cannabis] to a primary caregiver, a qualified patient, or a person
with an identification card, in accordance with California Health and Safety Code
Section 11362.5 et seq."; and
WHEREAS, while the City Council expressly believes and reiterates its intent
that dispensaries, deliveries, and all related types of cannabis uses are prohibited
under the City's Municipal Code, the City Council desires to enact this ordinance to
expressly make clear that all cannabis related uses and commercial cannabis
activities are prohibited throughout the City; and
WHEREAS, although the City desires to clarify that all medical cannabis uses
are banned at this point in time, the City Council retains the ability to either modify or
repeal this as well as any other related ordinances in the event that the MMRSA proves
to be an effective means by which to regulate cannabis related uses.
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 4 of 9
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated
herein as though set forth in full.
SECTION 2. Authority. This Ordinance is adopted pursuant to the authority granted
by the California Constitution and State law, including but not limited to Article XI,
Section 7 of the California Constitution, the CUA, the MMPA, and the MMRSA.
SECTION 3. Adoption. Chapter 5.90 is hereby added to the La Quinta Municipal Code
as written in Exhibit A attached hereto.
SECTION 4. Cumulative Ordinance. Nothing in this Ordinance shall be interpreted to
allow any land use which is not expressly listed as permitted or conditionally
permitted within the City's Zoning Code.
SECTION 5. CEQA Determination. In adopting this Ordinance, the City Council finds
that the project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Title 14 California Code of Regulations Sections 15061(b)(3) and
15378, in that it can be seen with certainty that the adoption of the Municipal Code
amendments propose no activity that may have a significant effect on the
environment and will not cause a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, 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 and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 7. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30)
days after its adoption.
SECTION 8. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 19th day of January, 2016, by the following vote:
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 5 of 9
AYES: Councilmembers Franklin, Osborne, Pena, Radi, and Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
yu�
SUSAN MAYSELS, City Cqrk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
A y
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 6 of 9
EXHIBIT A
Chapter 5.90
CANNABIS RELATED USES, COMMERCIAL CANNABIS ACTIVITIES,
DELIVERIES, AND CULTIVATION PROHIBITED
5.90.010 Definitions
"Cannabis" shall 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
California Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972.
The term "Cannabis" shall also have the some meaning as set forth in
Section 19300.5(f) of the California Business and Professions Code, as may be
amended from time to time. "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. For the purpose of this chapter,
"cannabis" does not mean "industrial hemp" as defined by Section 81000 of the
California Food and Agricultural Code or Section 11018.5 of the California Health and
Safety Code.
"Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in
Section 11362.7 of the California Health and Safety Code, as may be amended from
time to time.
"Commercial Cannabis Activity" shall have the same meaning as set forth in
Section 19300.5(k) of the California Business and Professions Code, as may be
amended from time to time.
"Cooperative" shall mean two or more persons collectively or cooperatively
cultivating, using, transporting, possessing, administering, delivering, or making
available Cannabis, with or without cultivation.
"Cultivation" or "Cultivate" shall have the same meaning as set forth in
Section 19300.5(l) of the California Business and Professions Code, as may be
amended from time to time.
"Delivery" shall have the some meaning as set forth in Section 19300.5(m) of the
California Business and Professions Code, as may be amended from time to time.
"Dispensary" shall have the same meaning set forth in Section 19300.5(n) of the
California Business and Professions Code, as may be amended from time to time. For
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 7 of 9
purposes of this Chapter, Dispensary shall also include a Cooperative. Dispensary shall
not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2
of the California Health and Safety Code; (2) a health care facility licensed pursuant to
Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care
facility for persons with chronic life threatening illnesses licensed pursuant to Chapter
3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility
for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health
and Safety Code; (5) a residential hospice or home health agency licensed pursuant to
Chapter 8 of Division 2 of the California Health and Safety Code.
"Medical Cannabis" or "Cannabis" shall have the some meaning as set forth in
Section 19300.5(ag) of the California Business and Professions Code, as may be
amended from time to time.
"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean and refer to
the following three bills signed into law on October 9, 2015, as the same may be
amended from time to time: AB 243, AB 266, SB 643.
"Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in
Section 11362.7 of the California Health and Safety Code, as may be amended from
time to time.
5.90.020 Prohibitions.
A. Cannabis Related Uses. All Cannabis related uses, including but not limited to
Cooperatives, Cultivation, Deliveries, Dispensaries, and other Commercial Cannabis
Activities for which a State license is required under the MMRSA, are prohibited
throughout the city. The city shall not issue any permit, or process any license or
other entitlement for any Cannabis related use or any other activity for which a State
license is required under the MMRSA. No person shall establish, operate, conduct,
permit or allow any Cannabis related use anywhere within the city as prohibited under
this paragraph.
B. Commercial Cannabis Activities. All Commercial Cannabis Activities, including but
not limited to Cooperatives, Cultivation, Deliveries, and Dispensaries, are expressly
prohibited throughout the city regardless of whether or not the Commercial Cannabis
Activity is for Medical Cannabis or Cannabis used for medicinal purposes. The city shall
not issue any permit, or process any license or other entitlement for any Commercial
Cannabis Activity. No person shall establish, operate, conduct, permit or allow a
Commercial Cannabis Activity anywhere within the city.
C. Cannabis Deliveries. All Deliveries of Cannabis and Medical Cannabis are expressly
prohibited in the city. No person shall conduct any Deliveries of Cannabis or Medical
Cannabis that either originate or terminate at any location within the city.
D. Cannabis Cultivation. The Cultivation of Cannabis, regardless of whether for
commercial or non-commercial purposes, and including Cultivation by a Qualified
Patient or Primary Caregiver is expressly prohibited throughout the city. No person,
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 8 of 9
including but not limited to a Qualified Patient or Primary Caregiver, shall cultivate any
amount of Cannabis in the city, regardless of whether or not the Cannabis is intended
to be used for medical purposes.
5.90.030 Public Nuisance
Any use or condition caused, or permitted to exist, in violation of any provision of this
chapter shall be, and is hereby declared to be, a public nuisance and may be
summarily abated by the city pursuant to Section 731 of the California Code of Civil
Procedure or any other remedy available at law.
5.90.040 Civil Penalties
In addition to any other enforcement permitted by the La Quinta Municipal Code, the
city attorney may bring a civil action for injunctive relief and civil penalties against any
person who violates any provision of this chapter. In any civil action that is brought
pursuant to this chapter, a court of competent jurisdiction may award civil penalties
and costs to the prevailing party.
5.90.050 Provisions in Chapter Cumulative
The prohibitions and provisions in this chapter are cumulative to any and all other
prohibitions and regulations in the La Quinta Municipal Code concerning Cannabis,
Medical Cannabis, and cannabis in general, and nothing in this chapter supersedes or
shall be construed to conflict with any other prohibitions and regulations in the La
Quinta Municipal Code, including Section 9.20.050, as may be amended from time to
time.
Ordinance No. 532
Addition of Chapter 5.90 to Title 5 - Business Regulations
Adopted: January 19, 2016
Page 9 of 9
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 532, which was
introduced at a regular meeting on the 15th day of December, 2015, and was adopted
at a regular meeting held on the 19th day of January, 2016, not being less than 5 days
after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in City Council Resolution No. 2014-013.
SUSAN MAYSELS, City Cl k
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on January :ZIT, 2016, pursuant to Council
Resolution.
SUSAN MAYSELS, City Verk
City of La Quinta, California