Eureka Medical Cannabis Ordinance - Amendments 10-3-2017

October 7, 2017

AN ORDINANCE OF THE CITY OF EUREKA AMENDING TITLE XV CHAPTER 155 AND 158 OF THE EUREKA MUNICIPAL CODE PERTAINING TO CANNABIS 

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EUREKA AS FOLLOWS:

Section 1.

Title 15, Chapter 155, Section 155.051, [A Agricultural Districts], paragraph (C), [Permitted and conditional uses], is hereby amended to remove the following use (the remainder of the text in the table is unchanged and is omitted):

Medical cannabis cultivation facilities, mixed light, not more than 10,000 square feet of cultivation area, subject to the provisions of Chapter 158

 

C

Section 2.

Title 15, Chapter 155, Section 155.054, [OR Office and Multi-Family Residential Districts], paragraph (C) [Permitted and conditional uses], is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

Lodging houses and bed and breakfast inns in which not more than 15 paying guests may be lodged or boarded

P

 

Mobile vendors

P

 

Section 3.

Title 15, Chapter 155, Section 155.054, [OR Office and Multi-Family Residential Districts], paragraph (C) [Permitted and conditional uses], is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

Administrative, business, and professional office, including medical offices, and any other use which is determined by the Commission, as provided in

§§ 155.265 through 155.270 of this chapter, to be similar to an office use

 

P

 

Cannabis distribution, transportation only, no cannabis on-site facilities subject to the provisions of Chapter 158

P

 

Cannabis testing, where no commercial cultivation, processing, manufacturing, wholesale, retail, or distribution of cannabis occurs facilities subject to the provisions of Chapter 158

 

 

C


 

Charitable institutions

C

 

 

Section 4.

Title 15, Chapter 155, Section 155.055 [HM Hospital Medical District], paragraph (C) [Permitted and conditional uses], is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

Medical and dental offices and clinics, including offices of physicians, dentists, podiatrists, osteopaths, chiropractors, optometrists, and physical therapists

P

 

Mobile vendors

P

  

Section 5.

Title 15, Chapter 155, Section 155.055 [HM Hospital Medical District], paragraph (C) [Permitted and conditional uses], is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

Any use which is determined by the Commission, as provided in §§155.265 through 155.270 of this chapter, to be similar to the uses listed in this section

P

 

Cannabis retail facilities subject to the provisions of Chapter 158

 

C

Cannabis research and development facilities, may be either principally or conditionally permitted pursuant to §158.021(G)

P/C

P/C

Cannabis testing, where no commercial cultivation, processing, manufacturing, wholesale, retail or distribution of cannabis occurs facilities subject to the provisions of Chapter 158

 

P

 

Combinations of attached or detached dwelling units, including duplexes, multi- family dwellings, dwelling groups, row houses, or town houses

 

C

 Section 6.

Title 15, Chapter 155, Section 155.078 [Permitted and conditional uses], paragraph (A), is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

CN

CP

CC

CS

Medical and orthopedic appliance stores

P

P

P

P

Meeting halls

 

P

P

P


 Section 7.

Title 15, Chapter 155, Section 155.078 [Permitted and conditional uses], paragraph (A), is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

 

CN

CP

CC

CS

Candy stores

P

P

P

P

Cannabis cultivation facilities, indoor, not more than 5,000 square feet of cultivation area, subject to the provisions of Chapter 158

 

 

 

C

Cannabis distribution, cannabis on site, with or without transportation facilities subject to the provisions of Chapter 158

 

 

 

P

Cannabis distribution, transportation only, no cannabis on-site facilities subject to the provisions of Chapter 158

MC

 

P

P

Cannabis manufacturing facilities, non-volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158

 

 

 

MC

Cannabis non-volatile manufacturing facilities, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158

 

 

 

C

Cannabis microbusiness facilities subject to the provisions of Chapter 158

C

 

C

C

Cannabis retail facilities subject to the provisions of Chapter 158

C

 

C

C

Cannabis research and development facilities, may be either principally or conditionally permitted pursuant to §158.021(F)

 

 

P/C

P/C

Cannabis testing facilities where no commercial cultivation, processing, manufacturing, wholesale, retail or distribution of medical cannabis occurs, subject to the provisions of Chapter 158

 

 

 

P

 

P

Card rooms

 

 

P

P

 Section 8.

Title 15, Chapter 155, Section 155.098 [Permitted uses], paragraph (A) [ML Limited Industrial Districts], subparagraph (1) [Light industrial and related uses, including only:] is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

ML PERMITTED USES

Mattress manufacture

Metal finishing and plating


 Section 9.

Title 15, Chapter 155, Section 155.098 [Permitted uses], paragraph (A) [ML Limited Industrial Districts], subparagraph (1) [Light industrial and related uses, including only:] is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

ML PERMITTED USES

Bus depots

Cannabis cultivation facilities, indoor, not more than 5,000 square feet of cultivation area, subject to the provisions of Chapter 158

Cannabis distribution facilities, cannabis on site, with or without transportation, subject to the provisions of Chapter 158

Cannabis distribution facilities, transportation only, no cannabis on site, subject to the provisions of Chapter 158

Cannabis manufacturing facilities, non-volatile, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158

Cannabis manufacturing facilities, non-volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158

Cannabis microbusiness facilities, subject to the provisions of §158.021(F)

Cannabis research and development facilities, subject to the provisions of §158.021 (G)

Cannabis testing facilities, where no commercial cultivation, processing, manufacturing, wholesale, retail, or distribution, subject to the provisions of Chapter 158

Cold storage plants

 Section 10.

Title 15, Chapter 155, Section 155.098 [Permitted Uses], paragraph (B) [MG General Industrial Districts] is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

MG PERMITTED USES

Mattress manufacture

Metal finishing and plating


 Section 11.

Title 15, Chapter 155, Section 155.098 [Permitted Uses], paragraph (B) [MG General Industrial Districts] is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):
 

MG PERMITTED USES

Bus depots

Cannabis cultivation facilities, indoor, not more than 5,000 square feet of cultivation area, subject to the provisions of Chapter 158

Cannabis distribution, cannabis on site, with or without transportation facilities, subject to the provisions of Chapter 158

Cannabis distribution, transportation only, no cannabis on-site facilities, subject to the provisions of Chapter 158

Cannabis manufacturing facilities, non-volatile, more than 5,000 square feet of floor area, subject to the provisions of Chapter 158

Cannabis manufacturing facilities, non-volatile, 5,000 square feet or less of floor area, subject to the provisions of Chapter 158

Cannabis testing facilities, where no cultivation, processing, or distribution of medical cannabis occurs, subject to the provisions of Chapter 158

Cannabis microbusiness facilities, subject to the provisions of Chapter 158

Cannabis research and development facilities, subject to the provisions of Chapter 158

Cannabis testing, where no commercial cultivation, processing, manufacturing, wholesale, retail, or distribution of cannabis occurs, subject to the provisions of Chapter 158

Cold storage plants

 Section 12.

Title 15, Chapter 155, Section 155.099 [Conditional uses], paragraph (A) [ML Limited Industrial Districts] is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

ML CONDITIONALLY PERMITTED USES

Live-work uses, only where the LW combining zone has been applied to the ML zone district

Motor vehicle wrecking yards and scrap metal yards

 Section 13.

Title 15, Chapter 155, Section 155.099 [Conditional uses], paragraph (A) [ML Limited Industrial Districts] is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

ML CONDITIONALLY PERMITTED USES

 

Any of the Conditionally Permitted Uses requiring Additional Findings listed below provided that, on the basis of the use permit application and the evidence submitted, the Planning Commission makes the following findings, in addition to the findings prescribed in § 155.285 of this chapter:

That consideration of all determinable characteristics of the use that is the subject of the application indicates that the use has the same essential characteristics as the uses listed in § 155.098(A)(1) of this subchapter with respect to the method of operation, type of process, materials, equipment, structures, storage, and appearance;

That the use will conform with each of the required conditions prescribed for uses in the ML District in § 155.097 of this subchapter; and

That the use will not create significantly more vehicular or rail traffic than the volumes normally created by the permitted uses listed in § 155.098(A)(1) of this subchapter.

Cannabis manufacturing facilities, volatile, small, subject to the provisions of Chapter 158

Cannabis microbusiness facilities, subject to the provisions of §158.021(F)

Cannabis retail facilities, subject to the provisions of Chapter 158

Cannabis research and development facilities, subject to the provisions of §158.021(G)

Gymnastic schools and health clubs

 

Section 14.

Title 15, Chapter 155, Section 155.099 [Conditional uses], paragraph (A) [ML Limited Industrial Districts] table titled, “ML Conditionally Permitted uses requiring Additional Findings” is hereby amended to read as follows:

 

ML CONDITIONALLY PERMITTED USES REQUIRING A MINOR USE PERMIT

Cannabis cultivation facilities, indoor, not more than 10,000 square feet of cultivation area,

subject to the provisions of Chapter 158

Cannabis microbusiness facilities, subject to the provisions of §158.021(F)

Cannabis research and development facilities, subject to the provisions of §158.021(G)

 Section 15.

Title 15, Chapter 155, Section 155.099 [MG General Industrial Districts] (B) [MG General Industrial Districts], subparagraph (1) is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

MG CONDITIONALLY PERMITTED USES

Manure, peat, and topsoil processing and storage


 Section 16.

Title 15, Chapter 155, Section 155.099 [MG General Industrial Districts] (B) [MG General Industrial Districts], subparagraph (1) is hereby amended to read as follows (the remainder of the text in the table is unchanged and is omitted):

 

MG CONDITIONALLY PERMITTED USES

Asphalt and asphalt products manufacture

Cannabis manufacturing facilities, volatile, large, subject to the provisions of Chapter 158

Cannabis manufacturing facilities, volatile, small, subject to the provisions of Chapter 158

Cannabis microbusiness facilities, subject to the provisions of §158.021(F)

Cannabis retail facilities, subject to the provisions of §158.021(G)

Cannabis research and development facilities, subject to the provisions of Chapter 158

Cement, lime, gypsum, and plaster of paris manufacture

 Section 17.

Title 15, Chapter 155, Section 155.099 [MG General Industrial Districts] (B) [MG General Industrial Districts], subparagraph (1) table titled, “MG Conditionally Permitted Uses” is hereby amended to read as follows:

 

MG CONDITIONALLY PERMITTED USES REQUIRING A MINOR USE PERMIT

Cannabis cultivation facilities, indoor, not more than 10,000 square feet of cultivation area,

subject to the provisions of Chapter 158

Cannabis microbusiness facilities, subject to the provisions of §158.021(F)

Cannabis research and development facilities, subject to the provisions of §158.021(G)

 Section 18.

Title 15, Chapter 158, Section 158.001 [Findings and Purpose] is hereby amended to read as follows:

§ 158.001 FINDINGS AND PURPOSE.

(A)                    The City Council of the City of Eureka, based on evidence presented to it in the proceedings leading to the adoption of this chapter and subsequent amendments to this chapter, hereby finds that the illegal and unpermitted cultivation, processing and distribution of cannabis in the City has caused and is causing ongoing impacts to the community. These impacts include damage to buildings containing illegal and unpermitted indoor grows, including improper and dangerous electrical alterations and use, inadequate ventilation leading to mold and mildew, increased frequency of home-invasion robberies and similar crimes, and that many of these impacts have fallen disproportionately on residential neighborhoods. These impacts have also created an increase in response costs, including code enforcement, building, land use, fire, and police staff time and expenses.

(B)                    The City Council acknowledges that the voters of the State of California have provided a criminal defense to the cultivation, possession and use of cannabis for medical purposes under the Compassionate Use Act, but that the Compassionate Use Act does not address land use or building code impacts or issues arising from the resulting increase in cannabis cultivation within the City.

(C)                    The City Council acknowledges that the California legislature passed the Medical Cannabis Regulation and Safety Act (MCRSA) in 2015 and that the act allows local jurisdictions to regulate medical marijuana commerce and a range of medical cannabis license types in their jurisdictions under the state regulatory framework provided in the law as amended.

 (D)                    The City Council acknowledges that in 2016, the voters of the State of California legalized the possession, cultivation, and sale of marijuana for individuals over the age of 21 through the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). 

(E)                    The City Council acknowledges that the California legislature passed the Medicinal and Adult-Use Cannabis Regulation and Safety Act. (MAUCRSA) in 2017 which repealed MCRSA and included certain provisions from MCRSA in the licensing provisions of AUMA, and generally imposes the same requirements on both commercial medicinal and commercial adult- use cannabis activity. 

(F)                   The City Council acknowledges that sales of cannabis are subject to taxation by both the City and the state and that the California State Board of Equalization (BOE) is also requiring that businesses engaging in such retail transactions hold a seller’s permit.

(G)                    The purpose and intent of this chapter is to regulate the cultivation, processing, manufacturing, transport, storage, distribution, and sale of cannabis and cannabis products for qualified patients with a valid physician’s recommendation and for adults 21 years of age and over in a manner that protects the public health, safety and welfare of the community and mitigates for the costs to the community of the oversight of these activities.

 Section 19.

Title 15, Chapter 158, Section 158.002 [Interpretation and Applicability] is hereby amended to read as follows:

§ 158.002 INTERPRETATION AND APPLICABILITY.

(A)                    No part of this chapter shall be deemed to conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 800 et seq., nor to otherwise permit any activity that is prohibited under that Act or any other local, state or federal law, statute, rule or regulation. The cultivation, processing, manufacturing, transport, storage, distribution, and sale of cannabis in the City is controlled by the provisions of this chapter of the Eureka Municipal Code. Accessory uses and home occupations, where cannabis is involved, shall be governed by the provisions of this chapter.

(B)                    Nothing in this chapter is intended, nor shall it be construed, to burden any defense to criminal prosecution otherwise afforded by California law.

(C)                    Nothing in this chapter is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting cannabis cultivation, manufacturing, smoking or other related activities by tenants.

(D)                    Nothing in this chapter is intended, nor shall it be construed, to exempt any cannabis related activity from any and all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements.

(E)                    Nothing in this chapter is intended, nor shall it be construed, to make legal any cultivation, transportation, sale, or other use of cannabis that is otherwise prohibited under California law.

(F)                   All cultivation, processing, manufacturing, testing, transport, storage, distribution, or sale of cannabis within City limits shall be subject to the provisions of this chapter, regardless if the cultivation, processing manufacturing, testing, transport, storage, distribution, or sale existed or occurred prior to adoption of this chapter or at the time of subsequent amendments to this chapter.

 Section 20.

Title 15, Chapter 158, Section 158.003 [Release of Liability and Hold Harmless] is hereby amended to read as follows:

 § 158.003 RELEASE OF LIABILITY AND HOLD HARMLESS.

As a condition of approval of any use permit or cannabis license approved for a cannabis facility, the licensee of each cannabis facility shall indemnify and hold harmless the City and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the operations at the cannabis facility, and for any claims brought by any of their clients for problems, injuries, damages, or liabilities of any kind that may arise from cannabis activities.

 Section 21.

Title 15, Chapter 158, Section 158.004 [Definitions] is hereby amended to read as follows:

§ 158.004 DEFINITIONS.

(A)         For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUMA. The Control, Regulate and Tax Adult Use of Marijuana Act, and any amendments thereto.

CANNABIS. 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 § 11018 of the Cal. Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. 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 § 81000 of the Cal. Food and Agricultural Code or § 11018.5 of the Cal. Health and Safety Code.

CANNABIS LICENSE. An annual license issued by the Department to allow the operation of a cannabis facility.

COMMISSION. The Planning Commission of the City.

DIRECTOR. The Director of Development Services of the City, or his or her designee.

DEPARTMENT. The Development Services Department of the City.

ENFORCEMENT OFFICER. Any City employee or agent authorized to enforce any provisions of this code or any code adopted by the City.

MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act of 2017, as amended.

MCRSA. Medical Cannabis Regulation and Safety Act of 2016, and any amendments thereto, and formerly known as the Medical Marijuana Regulation and Safety Act (MMRSA) of 2015.

PRIMARY CAREGIVER. As defined in Cal. Health and Safety Code §§ 11362.7 et seq., and as it may be amended from time to time.

QUALIFIED PATIENT. As defined in Cal. Health and Safety Code §§ 11362.7 et seq., and as it may be amended from time to time.

(B)         For the purposes of this chapter, the following definitions shall apply to the personal use of cannabis unless the context clearly indicates or requires a different meaning. Terms not defined herein shall be the same as the definitions in MAUCRSA.

CANNABIS CULTIVATION AREA. The maximum dimensions used for the cultivation of cannabis. For the purpose of § 158.010 of this chapter, the allowable cultivation area shall be the cumulative gross area used for cultivation of cannabis and shall be measured using either (a) the outward edge of the trays, pots or other containers used for cultivation or (b) the vegetative canopy, whichever is greater.

 

CANNABIS PROCESSING. Includes, but is not limited to: manicuring, drying, curing, pressing, cooking, baking, infusing, grinding, bagging, packaging, rolling.

CANNABIS PROCESSING AREA. The maximum dimensions used for the processing of cannabis. For the purpose of this chapter, the allowable processing area shall be the cumulative gross floor area used for processing cannabis.

MEDICAL CANNABIS. Cannabis, including, but not limited to, concentrates and extractions, intended to be cultivated or sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215).

RESIDENCE. A legal dwelling unit consisting of a room or group of rooms (including sleeping, eating, cooking, and sanitation facilities, but not more than one kitchen), which constitutes an independent housekeeping unit, occupied or intended for occupancy by one household on a long-term basis.

(C)         For the purposes of this chapter, the following definitions shall apply to commercial cannabis, unless the context clearly indicates or requires a different meaning. Terms not defined herein shall be the same as the definitions in MAUCRSA.

BATCH. A specific quantity of homogeneous cannabis or cannabis products and as defined in MAUCRSA.

CANNABIS ACTIVITY. The commercial cultivation, possession, manufacture, processing, storing, laboratory testing, research and development, labeling, transportation, distribution, delivery, or sale of cannabis or a cannabis products.

CANNABIS PRODUCTS. Any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

CULTIVATION. The planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

CULTIVATION FACILITY. A facility for cannabis cultivation for supply to a cannabis distributor or manufacturer, including a nursery that produces only clones, immature plants or seeds.

DELIVERY. The commercial transfer of medical cannabis or medical cannabis products to a customer.

DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensed entities. DISTRIBUTION also includes the inspection, storage, including during quality assurance and batch testing processes, labeling, packaging and other processes required prior to transport to a licensed cannabis retailer or cannabis manufacturing facility.

FACILITY or FACILITIES. A facility, premise, tenant space, site or location where one or more types of cannabis activity is undertaken.

LICENSEE. A person who possesses both a state license and a cannabis license issued by the City to engage in commercial cannabis activity.

LOT. A batch, or a specifically identified portion of a batch.

MANUFACTURING FACILITY. A facility for the production, preparation, propagation, or compounding of cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and includes a location that packages or repackages cannabis or cannabis products or labels or relabels its container.

MANUFACTURING FACILITY, NON-VOLATILE. A manufacturing facility which does not involve the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard, as listed in Tables 307.1(1) and 307.1(2) of the California Building Code (CBC).

MANUFACTURING FACILITY, VOLATILE, LARGE. A manufacturing facility which involves the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas complying with CBC Section 414, based on the maximum allowable quantity limits for control areas set forth in CBC Tables 307.1(1) and 307.1(2).

MANUFACTURING FACILITY, VOLATILE, SMALL. A manufacturing facility which involves the manufacturing, processing, generation, or storage of materials that constitute a physical or health hazard in quantities equal to or less than those allowed in control areas complying with CBC Section 414, based on the maximum allowable quantity limits for control areas set forth in CBC Tables 307.1(1) and 307.1(2)..

MICROBUSINESS FACILITY. A facility where one licensee may conduct two or more of the following cannabis activities: distribution, non-volatile manufacturing, retail sales, and indoor cultivation with a total cultivation area that does not exceed the maximum allowed in the zone district.

RESEARCH AND DEVELOPMENT FACILITY. A facility that offers or performs research and development of cannabis or cannabis products where no commercial cultivation, processing, distribution, wholesale, or retail sales of cannabis or cannabis products occurs.


Growing of plants and the use of volatile solvents for the purpose of conducting the research and development may be allowed. RESEARCH AND DEVELOPMENT may include, but is not limited to, systematic activities intended to create new products, processes, patents; scientific assessment of the safety and efficacy of cannabis and cannabis compounds for research and product development purposes; and/or work directed toward the innovation, introduction and improvement of production, processes, and/or products.

RETAIL FACILITY or RETAILER. A physical retail establishment where cannabis or cannabis products are offered for retail sale and delivery to customers. A retail facility may be closed to the public, and the retailer may conduct sales exclusively by delivery.

TESTING FACILITY. A facility that offers or performs testing of cannabis or cannabis products where no commercial cultivation, processing, distribution, or sale of cannabis or cannabis products occurs.

TRACK AND TRACE PROGRAM. A program or system that enables the City to track cannabis and cannabis products through the commercial cannabis supply chain.

UNIQUE IDENTIFIER. A number, digital signature, stamp or combination thereof that allows for the identification of cannabis or cannabis products at the level of a batch, lot, or package labeled for individual sale.

VOLATILE SOLVENTS. As used only in this chapter, shall mean those solvents used in the manufacture of cannabis products determined to be volatile by the California Department of Public Health or the Humboldt Bay Fire Department.

 Section 22.

Title 15, Chapter 158, Section 158.010 [Cultivation] is hereby amended to read as follows:

§ 158.010 CULTIVATION.

(A)         Qualified patients shall be allowed to cultivate cannabis for their own personal use in their personal residence.  In addition, persons 21 years of age or over shall be allowed to cultivate cannabis for their own personal use in their personal residence. The cannabis cultivation area for each residence shall not cumulatively exceed 50 square feet per residence. Cultivation of cannabis for personal use shall be in conformance with the following standards:

(1)         The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Cannabis cultivation shall remain at all times secondary to the residential use of the property;

(2)         Cultivation of cannabis for personal use shall occur only within a private residence, or in a self-contained accessory building that is secured, locked, and fully enclosed and which is for the exclusive use of the resident. Cultivation of cannabis for personal use shall not displace required off-street parking;

(3)         Cannabis cultivated for personal use shall not exceed ten feet in height per residence, regardless if cultivated within the residence or in an accessory building. An Exception Request may be granted for medical cannabis pursuant to § 158.010(B);

(4)         If required by Building or Fire Code, the wall(s) adjacent to the cultivation area shall be constructed with 5/8-inch Type X moisture-resistant drywall;

(5)         The cannabis cultivation area shall be in compliance with the current adopted edition of the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or its equivalent(s));

(6)         The cultivation of cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is cultivated, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes, and no odor shall be detectable outside the exterior walls of the individual residence or accessory structure where cannabis is cultivated;

(7)         Cannabis cultivation lighting shall not cumulatively exceed 1,200 watts.

An Exception Request may be granted for medical cannabis pursuant to § 158.010(B);

(8)         All electrical equipment used in the cultivation of cannabis, (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation of cannabis is prohibited;

(9)         Any electrical wiring/rewiring shall first require an electrical permit from the Building Department;

(10)          The use of gas products (e.g., CO2, butane, etc.) for cannabis cultivation is prohibited.

An Exception Request may be granted for medical cannabis pursuant to § 158.010(B); and

(11)          From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring at the property, including odor.

(B)         Medical Cannabis Exception Request. The cultivation area for medical cannabis may exceed the 50 square foot maximum per residence, up to a total of 100 square feet of cultivation area, or the standards in § 158.010(A)(3), (7) or (10) above may be modified, upon approval of an Exception Request issued by the Director. An Exception Request shall not allow more than a total medical cannabis cultivation area of 100 square feet per residence, regardless if cultivated within the residence or an accessory building.

(1)         An application for a medical cannabis

(2)           Exception Request shall include the following information:

(a)         Written permission from the property owner;

(b)         An application fee set by resolution of the City Council;

(c)         Adequate information and documentation, such as a physician's recommendation, or verification of more than one qualified patient living in the residence, to demonstrate why the cultivation area should be allowed to exceed 50 square feet;

         (d)         The location and size of the requested cannabis cultivation area;

(e)         A materials storage, handling and disposal plan; and

(f)        If the Exception Request includes a request to modify the standards prescribed in § 158.010(A)(3), (7) or (10), documentation and information shall be provided identifying which standards are proposed to be modified and why such modification would not detrimentally affect the use of the residence for its intended residential occupancy.

(3)         If required by Building or Fire Code, the applicant shall make specified improvements to the residence with a Building Permit, if one is needed. Such improvements may include, but are not limited to, electrical system upgrades.

(4)         The Director, in consultation with the Chief Building Official and Fire Marshal, shall review the submitted application and determine if the specific circumstances warrant granting an Exception Request.

(5)         The Exception Request shall become void, and the cannabis cultivation area in excess of 50 square feet shall be removed one year following the date on which the Exception Request was issued, unless the Exception Request is renewed prior to expiration.

(C)         Cannabis cultivation is prohibited as a home occupation. Cannabis cultivation shall not be considered a residential accessory use. No distribution of cannabis cultivated for personal use shall be allowed.

 Section 23.

Title 15, Chapter 158, Section 158.011 [Processing] is hereby amended to read as follows:

§ 158.011 PROCESSING.

(A)         Processing of cannabis cultivated at the residence shall be in conformance with the following standards:

(1)         Only cannabis cultivated at the residence in conformance with this chapter shall be allowed to be processed at the residence;

(2)         The residence shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities. Cannabis processing shall remain at all times secondary to the residential use of the property;

(3)         The cannabis processing area shall be in compliance with the current adopted edition of the California Building Code § 1203.4 Natural Ventilation or § 402.3 Mechanical Ventilation (or its equivalent(s));

(4)         The use of gas products (e.g., CO2, butane, etc.) for cannabis processing is prohibited;

and

(5)         The processing of cannabis shall not adversely affect the health or safety of the residents, the residence or accessory building in which it is processed, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes and all odor shall be contained within the exterior walls of the residence or accessory structure where cannabis is processed.

(B)         Cannabis processing is prohibited as a home occupation. Cannabis processing shall not be considered a residential accessory use. No sale or distributing of cannabis processed for personal use shall be allowed.

 Section 24.

Title 15, Chapter 158, Section 158.012 [Distributing or Dispensing] is hereby amended to read as follows:

§ 158.012 DISTRIBUTING OR SALES.

Cannabis cultivated or processed for personal use as provided for in this chapter shall not be distributed or sold to any person unless specifically allowed under this chapter or by State law.

Section 25.

The title of this section is hereby amended as follows:

COMMERCIAL CANNABIS - REQUIREMENTS AND REGULATIONS 

Section 26.

Title 15, Chapter 158, Section 158.020 [Offices] is hereby amended to read as follows:

§ 158.020 EVENTS.

Small, limited, private invitation-only events involving the use or exchange of cannabis shall be allowed within a structure housing a licensed cannabis facility.

Section 27.

Title 15, Chapter 158, Section 158.021 [Medical Cannabis Facilities] is hereby amended to read as follows:

§ 158.021 COMMERCIAL CANNABIS FACILITIES.

(A)         Commercial cannabis activity shall be allowed at commercial cannabis facilities as follows, provided P for permitted uses or C or MC, for conditional uses appears in the column below each district. Uses listed with a C or MC shall be permitted upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title.

 

Type of Facility

CC

CN

CS

CW

HM

MG

ML

OR

A/AC

Cultivation, indoor, not more than 10,000 square feet of cultivation area

 

 

 

 

 

 

MC

 

MC

 

 

Cultivation, indoor, not more than 5,000 square feet of cultivation area

 

 

C

 

 

P

P

 

 

Distribution, cannabis on site, with or without transportation

 

 

P

 

 

P

P

 

 

Distribution, transportation only, no cannabis on-site

P

MC

P

MC 158.021(D)

 

P

P

P

 

Manufacturing, non- volatile, more than 5,000 square feet of manufacturing floor area

 

 

 

C

 

 

 

P

 

P

 

 

Manufacturing, non- volatile, 5,000 square feet or less of manufacturing floor area

 

 

 

MC

 

 

 

P

 

P

 

 

Manufacturing, volatile, large

 

 

 

 

 

C

 

 

 

Manufacturing, volatile, small

 

 

 

 

 

C

C

 

 


 

Microbusiness

158.021 (F)

158.021 (F)

158.021 (F)

 

 

158.021 (F)

158.021 (F)

 

 

Retail

C

C

C

 

C

C

C

 

 

Research and Development

158.021 (G)

 

158.021 (G)

158.021 (B) and (G)

158.021 (G)

158.021 (G)

158.021 (G)

 

 

Testing, where no commercial cultivation, processing, manufacturing, wholesale, retail, or distribution of cannabis occurs

 

P

 

 

P

 

C 158.021(C)

 

P

 

P

 

P

 

C

 


(B)        
In the Waterfront Commercial (CW) zoning district, cannabis research and development facilities with no plants and/or no manufacturing processes occur may be allowed above the ground floor of commercial structures with a use permit granted pursuant to

§§ 155.280 through 155.299 of this title. Cannabis research and development facilities shall not be allowed on the ground floor of structures in the Waterfront Commercial (CW) zoning district.

(C)         In the Waterfront Commercial (CW) zoning district, cannabis testing facilities may be allowed above the ground floor of commercial structures with a use permit granted pursuant to §§ 155.280 through 155.299 of this title. Cannabis testing facilities shall not be allowed on the ground floor of structures in the Waterfront Commercial (CW) zoning district.

(D)         In the Waterfront Commercial (CW) zoning district, medical cannabis distribution facilities that only transport cannabis, and where no cannabis is located on site may be allowed above the ground floor of commercial structures with a minor use permit granted pursuant to §§ 155.280 through 155.299 of this title. Medical cannabis distribution facilities shall not be allowed on the ground floor of structures in the Waterfront Commercial (CW) zoning district.

(E)         The cultivation area for commercial cannabis shall be the cumulative gross floor area of the room or rooms where cannabis plants are grown.

(F)        Microbusiness Facilities.

(1)        A Microbusiness Facility shall be allowed in zone districts where all proposed uses are allowed. For example, a Microbusiness for distribution and retail can be allowed in any zone district in which both distribution AND retail are allowed. A Microbusiness for non-volatile manufacturing, distribution and retail shall only be allowed in a zone district in which all three uses are allowed.

(2)        Microbusiness Facilities for cultivation and/or non-volatile manufacturing shall utilize the same size limitations prescribed for a cultivation or manufacturing facility in the corresponding zone district.

(3)        A Microbusiness Facility shall be principally permitted, except when located in a zone where one or more uses requires a Conditional (C) or Minor Conditional (MC) use permit, in which case the Microbusiness Facility shall also obtain a Conditional (C) or (Minor Conditional (MC) use permit. For use combinations where both a Conditional (C) or Minor Conditional (MC) use permit are required, the Microbusiness Facility shall obtain a Conditional (C) use permit.

(4)        The use of volatile solvents is prohibited in a Microbusiness Facility.

(G)         Research and Development Facilities.

(1)        A Research and Development Facility may be allowed in the zone district.

(2)        A Research and Development Facility that utilizes manufacturing processes, which may or may not include volatile and/or non-volatile solvents, shall only be approved in a zone district where the corresponding type of manufacturing facility is allowed and shall utilize the same size limitations prescribed for the corresponding facility in the zone district.

(3)        A Research and Development Facility with plants (cultivation) shall only be approved in a zone district where cultivation is allowed and shall utilize the same size limitations prescribed for the cultivation facility allowed in the zone district.

(4)        A Research and Development Facility utilizing both plants (cultivation) and manufacturing processes, which may or may not include volatile and/or non-volatile solvents, shall only be approved in a zone district where both cultivation and manufacturing facilities are allowed and shall utilize the same size limitations prescribed for the corresponding type of facility in the zone district.

(5)        A Research and Development Facility shall be principally permitted, except when the use corresponds to a cultivation or manufacturing facility use requiring a Conditional (C) or Minor Conditional (MC) use permit, in which case the Research and Development Facility shall also obtain a Conditional (C) or (Minor Conditional (MC) use permit. For use combinations where both a Conditional (C) or Minor Conditional (MC) use permit are required, the Research and Development Facility shall obtain a Conditional

(C)     use permit.

ORDINANCE NO.            -C.S.

Page 21

Section 28.

Title 15, Chapter 158, Section 158.022 [Dispensing Facilities] is hereby amended to read as follows:

 

§ 158.022 RETAIL FACILITIES.

 

(A)                    The maximum number of retail facilities allowed within City limits shall be set by Resolution of the City Council City.

 

(B)                    Only those medical cannabis retail facilities invited by the City Council may submit an application for a use permit. The City Council may elect to invite fewer applicants than the number prescribed in § 158.022(A). The City shall:

 

(1)                    Release a Request for Qualification (RFQ) for medical cannabis retail facilities within the City, and including a deadline for acceptance of RFQ responses; and

(2)                    A staff-led committee shall review and evaluate all responsive RFQ's submitted by the deadline to determine which respondents best meet the City's criteria for a retail facility as set forth in the Scope of Work included in the RFQ; and

(a)         The criteria upon which the committee shall base their review and evaluation shall include at a minimum, but shall not be limited to, a business plan, the business experience and qualifications of the respondent, and the information required in § 158.030(D); and

(3)                    The committee shall return to Council with ranked recommendations regarding facility invitations.

(C)                    No more than two conditional use permits to operate a retail cannabis facility shall be issued in a six month period.

(D)                    Mobile sales of cannabis is prohibited within City limits.

Section 29.

Title 15, Chapter 158, Section 158.023 [Delivery Services] is hereby amended to read as follows:

§ 158.023 DELIVERY SERVICES.

(A)                    A cannabis delivery service that is associated with a permitted retail facility located within City limits and for which delivery originates from the retail facility shall only be allowed when the delivery service is described and included in the use permit for the retail facility.

(B)                    Cannabis deliveries originating from outside City limits and delivering cannabis or cannabis products within City limits shall only be allowed upon the granting of a mobile business license.

Section 30.

Title 15, Chapter 158, Section 158.024 [Required Conditions and Findings] is hereby amended to read as follows:

§ 158.024 REQUIRED CONDITIONS AND FINDINGS.

(A)         Whether or not a use permit is required, all cannabis facilities shall:

(1)         Obtain a cannabis license issued by the City on an annual basis pursuant to §§ 158.030 through 158.032 of this chapter;

(2)         Obtain a business license issued by the City on an annual basis pursuant to Chapter 110 of the Eureka Municipal Code; and

(3)         Conform to the regulations prescribed by, and consist of a business form that satisfies this chapter and State law; and

(4)         Diligently pursue and obtain licensure by the state within six months of being permitted to operate in the City.

(B)         Each entrance to a cannabis facility shall be clearly and legibly posted with a notice indicating that persons under the age of 21 are precluded from entering the premises, except for qualified patients, unless accompanied by a parent or legal guardian.

(C)         No new permit or license to operate shall be issued for any facility that is located within a 600 foot radius of an existing public charter or K-12 school. A public charter or K-12 school that locates within 600 feet of an existing cannabis facility shall not be grounds to deny the annual renewal at that location of a previously granted cannabis facility permit or license.

(D)         The operation of cannabis facilities shall not adversely affect the health or safety of the facility occupants or employees, or nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes, and no odor shall be detectable outside the walls of the facility.

(E)         Signs. No signs are allowed.

(F)        Off-street parking. Off-street parking facilities shall be provided for each use as set forth in §§ 155.115 through 155.124 of this chapter and as follows:

 

Type of Cannabis Facility

Parking Use

Cultivation Distribution

Research and development with plants and manufacturing

 

Warehousing and distribution


 

Manufacturing

Research and development with manufacturing

Manufacturing plants and other

industrial uses

Research and development Retail

Testing

 

Retail sales and service

 

(G)         Off-street loading. Off-street loading facilities shall be provided for each use as set forth in §§ 155.135 through 155.141 of this chapter.

(H)         Cannabis facility operators shall refrain from the improper storage or use of any fuels, fertilizer, pesticide, fungicide, rodenticide, or herbicide. Hazardous materials and wastes from agricultural businesses are regulated by the Humboldt County Environmental Health Division that administers the Hazardous Materials program as one of the Certified Unified Program Agencies (CUPA). This includes the application, inspection, enforcement, and reporting under the program requirements and standards set by the California Environmental Protection Agency (CalEPA). Any uses of pesticide products shall be in compliance with state pesticide laws and regulations enforced by the County Agricultural Commissioner's Office and the California Department of Pesticide Regulation.

(I)        Operators of cannabis facilities shall maintain active enrollment and participate in a track and trace program as approved by the City. The City may require participation in a track and trace program separate from the State’s track and trace program. Any separate program shall be in addition to and not instead of the State’s track and trace program.

(J)        Applicants for a cannabis license and/or cannabis facility use permit or minor use permit shall undergo a background investigation as prescribed by the City.

(K)           A licensee shall not change or alter the premises in a manner which materially or substantially alters the premises, the usage of the premises, or the mode or character of business operation conducted from the premises, from the plan contained in the diagram on file with the application, unless and until written approval by the licensing authority has been obtained. For purposes of this section, material or substantial physical changes of the premises, or in the usage of the premises, shall include, but not be limited to, a substantial change in the mode or character of business operation.

(L)         Findings. The Director shall make the following findings before granting a cannabis license:

(1)         That the applicant and the premises for which a license is applied meet all the requirements and qualify for licensure under this chapter; and

(2)         That the applicant has not been convicted of a felony as prescribed in MAUCRSA, or as amended.

Section 31.

Title 15, Chapter 158, Section 158.030 [Permits and Licensing] is hereby amended to read as follows:

§ 158.030 APPLICATIONS, USE PERMITS, LICENSES, AND FEES.

(A)         Cannabis license applications. Applications for cannabis licenses shall be filed with the Director. The Director shall issue a cannabis license upon finding that the cannabis facility meets all of the requirements of this chapter.

(B)         Lapse of cannabis license. A cannabis license shall lapse and shall become void one year following the date on which the cannabis license became effective unless the cannabis license is renewed pursuant to § 158.032 of this chapter or unless the cannabis license is revoked for a violation of the terms of the cannabis license application.

(C)         Use permit applications. Applications for use permits shall be filed with the Director.

(D)         Data to be furnished. Applications for use permits and cannabis licenses shall be on forms provided by the Department and shall include all information required in the use permit application and the supplemental application packet, which includes, but is not limited to:

(1)         Authorization for the City, its agents and employees, to seek verification of the information contained within the application;

(2)         Text and graphic materials showing the site and floor plan for the cannabis facility including the use of each room or building on the premises;

(3)         The hours and days of the week the cannabis facility will operate;

(4)         The number of persons, per shift, who will be working at the cannabis facility;

(5)         The security measures that will be employed at the premises;

(6)         The odor control measures that will be employed at the premises;

(7)         The chemicals stored or used at the premises, including cumulative quantities of each chemical;

(8)         The type and quantity of all effluent discharged into the City's wastewater and/or stormwater system and a copy of the applicant’s submitted discharge application or approved discharge permit, if applicable;

(9)         A detailed operations manual containing, at a minimum:

(a)         The staff screening process including appropriate background checks;

(b)         The process for tracking cannabis quantities and inventory controls;

(c)         For medical cannabis retailers:

(i)        A description of the screening, registration and validation process for qualified patients;

(ii)         A description of qualified patient records acquisition and retention procedures; and

(iii)          The process for tracking medical cannabis quantities and inventory controls including on-site cultivation, processing, and/or medical cannabis products received from outside sources;

(10)          A detailed Cannabis Safety Program, which includes at a minimum, the following,

(a)         The process for documenting the chain of custody of all cannabis and cannabis products from farm to consumer;

(b)         The procedure and documentation process for assuring the safety and quality of all cannabis and cannabis products; and

(c)         The procedure and documentation process for determining quantity including testing for the major active agents in the cannabis (e.g., cannabinoids THC, CBD and CBN). 

(E)         State License Submittal. An applicant for a cannabis facility license shall submit an electronic copy of the completed and submitted State application and all attachments, either along with the City’s cannabis facility license application, or within five days of the date the application is submitted to the State Bureau of Cannabis Control, whichever is later.

(F)        Fees. Applications shall be accompanied by a fee established by resolution of the Council to cover the cost of handling the application as prescribed in this chapter.

Section 32.

Title 15, Chapter 158, Section 158.031 [Costs and Taxes] is hereby amended to read as follows:

§ 158.031 COSTS AND TAXES.

The costs to the City arising from the processing and oversight of Exception Requests under § 158.010(B) and use permits, cannabis licenses, business licenses, and unique identifiers for a required track and trace program for cannabis facilities, and the costs of monitoring and ensuring compliance with this chapter, including investigations, enforcement actions, and disciplinary or abatement proceedings, will be offset through application fees, annual renewal fees, and fees for unique identifiers, as adopted by the City Council by resolution and updated as necessary from time-to-time. In the administration of the permitting or licensing requirements under this chapter, the City Manager, or his or her designee, may require as a condition of granting or renewing use permits or licenses, any information reasonably necessary to implement the intent of this chapter, to ensure that the cannabis handled under the use permit or license is grown, tested, processed, manufactured, distributed and/or sold in a manner not in conflict with this chapter, and to ensure that any and all related sales taxes are being properly reported and paid.

Section 33.

Title 15, Chapter 158, Section 158.032 [Inspection and Monitoring] is hereby amended to read as follows:

§ 158.032 INSPECTION AND MONITORING. 

(A)         Inspectors with the Development Services, Police, and Public Works-Building Departments and Humboldt Bay Fire shall be granted access to all parts of the facility, and may examine the records of a licensee to ensure compliance with the terms of the cannabis license at any time during normal operating hours. 

(B)         A cannabis licensee shall submit to the Department an inspection fee set by resolution of the City Council and shall make a request to the Department for an inspection of each cannabis facility not more than 90 days and not less than 30 days prior to the annual expiration of the cannabis license to assure compliance with the terms of the cannabis license. Inspectors with the Development Services, Police, and Public Works-Building Departments and Humboldt Bay Fire shall be granted access to all parts of the facility. All records kept pursuant to the cannabis license shall be open for visual inspection.

(C)         If the cannabis licensee fails to submit the inspection fee or request an inspection within the specified time frame, refuses inspection, or if the inspection finds that the facility is not operated in compliance with the approved license application, the cannabis license shall be subject to revocation and upon cannabis license revocation the facility shall immediately cease operation.

(D)         Within ten business days of the inspection date pursuant to division (B) above, the City shall either provide a written statement of non-compliance and a timeline for attaining compliance, or shall renew the cannabis license.

 

(E)         Within ten days after issuance of a statement of non-compliance, the determination of non- compliance may be appealed by any interested party to the Commission pursuant to §

155.377         of this title. The appeal shall be made, in writing, on a form provided by the City Clerk, along with a fee set by resolution of the City Council. The City reserves the right to determine whether the facility shall continue to operate during the appeal process.

Section 34.

Title 15, Chapter 158, Section 158.033 [Enforcement] is hereby amended to read as follows:

§ 158.033 ENFORCEMENT, SUSPENSION, REVOCATION, AND HEARING.

(A)         A person engaging in commercial cannabis activity without a license required by this chapter, and/or any violation of this chapter is subject to administrative, civil, or criminal penalties, as set out in Eureka Municipal Code § 10.99, in addition to being subject to other remedies provided by law, including but not limited to, injunctive relief, nuisance abatement action, summary abatement of immediately hazardous conditions, and all other applicable fines, penalties and remedies. Daily monetary penalties of up to three times the amount of the license fee for each violation may be assessed, and a court may order the destruction of cannabis associated with that violation in accordance with Section 11479 of the Health and Safety Code. Each day of operation shall constitute a separate violation of this chapter. A violator shall be responsible for the cost of the destruction of cannabis associated with his or her violation.                                                                            This is a chapter adopted to address public health and safety issues, and as such, carries with it an express legislative intent to be interpreted strictly, enforced with an emphasis on public and community safety, and enforced rigorously in a manner such as to deter further violations.

 

(B)         Whenever an enforcement officer as defined in Eureka Municipal Code § 10.38 determines a cannabis facility or licensee has failed to comply with the regulations set forth in this chapter, or determines an action, or inaction by a cannabis facility or licensee threatens or negatively impacts, or may, in the opinion of the enforcement officer, threaten or negatively impact the public health, safety, and/or welfare, the enforcement officer may issue a notice of violation which provides a timeline for compliance, and may, at his or her discretion, require all or part of the facility’s operations be immediately modified, or may immediately issue a notice of suspension to suspend a cannabis facility license. Suspension of a cannabis facility license shall mean all operations shall immediately cease, and shall not be resumed unless or until the suspended license is re-instated.

 

(C)         Provided the enforcement officer determines that all violations have been corrected within the time specified in the notice of violation, a hearing pursuant to this section shall not be held, and following written notice from the enforcement officer, operations may resume. If the enforcement officer determines that any or all violations listed in the notice of violation have not been corrected within the time specified, the cannabis facility license shall be suspended, and the enforcement officer shall provide a written notice of suspension to the licensee.

 

(D)         Whenever a cannabis facility license is suspended, a hearing pursuant to the administrative citation hearing procedures set forth in Chapter 10 of the Eureka Municipal Code will be held.

 

(E)         After considering all of the testimony and evidence admitted at the hearing, the hearing officer shall issue a written decision to reinstate the license, reinstate the license with modifications, or may revoke the license, and shall state in the decision the reasons therefor.

(F)        The decision of the hearing officer shall be final and shall be provided to the Cannabis Facility or Licensee within 15 days following the date of the hearing.

(G)         When a cannabis facility license has been permanently revoked pursuant to §§ 158.032 or 158.033, the same or substantially the same applicant(s) shall not apply for or be granted a new cannabis license.

 

Eureka Proposed Cannabis Ordinance

October 4, 2017
The proposed ordinance provides:

Eureka will offer permits for distributors, dispensaries, testing facilities, manufacturers and mirco-businesses. 

Eureka can permit up to 1 dispensary every 6 months for a total of 2 a year, both medical and recreational cannabis.  

Licensed facilities can obtain a state permit to have an event including onsite consumption. 

Eureka will permit indoor cannabis grows up to 10,000 square feet in industrial zones. 

There is currently no maximum limit of permits which ...
Continue reading...
 

Licensing Authorities Announce Withdrawal of Proposed Medical Cannabis Regulations

September 29, 2017

Agencies Also Post Summary of Public Comments to Cannabis Web Portal

SACRAMENTO – California’s three cannabis licensing authorities announced today the official withdrawal of the medical cannabis regulations that were proposed in late spring by the Department of Consumer Affairs’ Bureau of Cannabis Control, Department of Public Health’s Manufactured Cannabis Safety Branch and Department of Food and Agriculture’s CalCannabis Cultivation Licensing. The official withdrawal will occur Oc...


Continue reading...
 

Motivating Millennials in the Workplace

September 7, 2017

One of the common problems my clients face is finding employees. The largest group of potential employees are Millennials (born 1982-2004) who have been mislabeled lazy and self entitled. 

The tendency of employers are to blame Millennials as defective people because the employer's psychological tricks are not working. Many employers have sought the advice of psychologists who only offer decades old solutions such as ego depletion theory which states willpower decreases with usage. 


This a...


Continue reading...
 

Cryptocurrency Analysis

August 12, 2017
Bitcoin is now a household name and shows no signs of devaluing on the current trajectory. But some are concerned about an economic bubble.  Before discussing the bubble concerns let's first consider what market forces are driving the price of Bitcoin up.

Several other cryptocurrencies exist but Bitcoin is the oldest, and understanding the phenomena behind Bitcoin is needed understand the forces which drive the market.



Two types of people purchase Bitcoin, consumers and speculators.  

Consumer...
Continue reading...
 

San Diego DA’s Prosecution of Cannabis Attorney Has Sent Chills Through the Legal Community

August 10, 2017

Jessica McElfresh, a San Diego lawyer experienced in cannabis law, is facing multiple felony charges.

Republished from Voice of San Diego.
By Jonah Valdez

On July 7, dozens of attorneys filled the seats of a small San Diego courtroom. The attorneys were attending a hearing for one of their own, Jessica McElfresh, a San Diego lawyer experienced in cannabis law.

McElfresh is facing multiple felony charges.

What drew most attorneys to court that day was something they consider sacred: the attorney-cl...


Continue reading...
 

Boss tells state workers: Kick ICE out of California labor office

August 4, 2017
California’s top labor law enforcer wants federal immigration agents to stay away from offices where state investigators weigh claims about underpaid employees and workplace retaliation.

Labor Commissioner Julie Su last month directed her staff to turn away Immigration and Customs Enforcement agents unless the federal officers have warrants.

Her directive followed three instances over the past 10 months in which immigration agents sought information about California workers who had filed clai...

Continue reading...
 

California is working to avoid a shortage of legalized marijuana, state pot czar says

July 29, 2017
Los Angeles Times reports with Nevada suffering a shortage of legalized marijuana, California’s state pot czar said Wednesday that efforts are being made in her state to make sure sufficient licenses go to farmers, testers and distributors to supply retailers.

Providing temporary, four-month licenses to support some businesses including growers is planned “so we don’t have a break in the supply chain,” Lori Ajax, chief of the Bureau of Medical Cannabis Regulation, said in testimony at ...

Continue reading...
 

Coming Soon Cannabis Credit Union?

June 29, 2017
Good news yesterday on the Banking issue. A Federal Court of Appeals ruled a Credit Union's lawsuit to force the Federal Reserve to issue it a master account is valid. Unless the Supreme Court overrules this decision, banking could soon open to the cannabis industry. 



Presently the lack of banking is a major roadblock to most cannabis businesses. Many in the industry have experienced account closures, forfeiture, denied access and uncertainty

“By remanding with instructions to dismiss the a...

Continue reading...
 

SB 94

June 19, 2017
Bill  No: SB 94

DIGEST: This bill is the cannabis trailer bill for the Budget Act of 2017. This bill establishes a single system of administration for cannabis laws  in  California.  It contains changes related to the Budget Act of 2017 that are necessary for state licensing entities to implement a regulatory framework pursuant to the Medical Cannabis Regulation and Safety Act (MCRSA), established by AB 266 (Bonta, Chapter 689, Statutes  of 2015),  AB 243 (Wood, Chapter 688,  Statutes  of 2015...

Continue reading...
 

Humboldt Behind the Headlines


This blog is a public service. Nothing in this blog should be construed as legal advice or a solicitation for legal services. "Legal solutions for a sustainable community" is an advertisement and is linked to the website of Fletcher Law Offices.

(707) 502-2642