Eureka Medical Cannabis

(B) The City Council of the City of Eureka also 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 purpose and intent of this chapter is to regulate the cultivation,

processing and distribution of medical cannabis 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.

(A) No part of this ordinance 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 and distribution of

medical cannabis in the City of Eureka is controlled by the provisions of this chapter of

the Eureka Municipal Code. Accessory uses and home occupations, where medical

cannabis is involved shall be governed by the provisions of this chapter.

(B) Nothing in this ordinance is intended, nor shall it be construed, to burden

any defense to criminal prosecution otherwise afforded by California law.

(C) Nothing in this ordinance is intended, nor shall it be construed, to

preclude a landlord from limiting or prohibiting cannabis cultivation, smoking or other

related activities by tenants.

(D) Nothing in this ordinance 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.

cooperative, cultivation, processing or distribution facility shall indemnify and hold

harmless the City of Eureka 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 collective, cooperative, cultivation, processing

or distribution facility, and for any claims brought by any of their clients for problems,

injuries, damages, or liabilities of any kind that may arise out of the cultivation,

processing or distribution of medical cannabis.

occupancy by one family for living and sleeping purposes.

including constituents of cannabis, THC and other cannabinoids, used as a physicianrecommended

form of medicine or herbal therapy.

association, cooperative, affiliation, or collective of persons who provide education,

referral, or network services, and/or facilitation or assistance in the cultivation,

processing or distribution of medical cannabis.

medical cannabis is grown and harvested for supply to a MEDICAL CANNABIS

PROCESSING FACILITY and/or a MEDICAL CANNABIS DISTRIBUTION

FACILITY. MEDICAL CANNABIS CULTIVATION FACILITY includes

allowed for the growing and processing of medical cannabis. For the purpose of this

chapter, the allowable cultivation area shall apply to the outward edge of the vegetative

canopy.

any person, including a primary caregiver, cooperative or collective, of medical cannabis

that is not grown in the qualified patient’s residence.

where the primary purpose is to distribute medical cannabis as a medication upon

recommendation by a physician and where medical cannabis is made available to or

distributed by or to a primary caregiver or a qualified patient in strict accordance with

the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5

et seq.). A distribution facility shall not include distribution to qualified patients who

reside in a residential facility specified in California Health and Safety Code Section

11362.7(d)(1), so long as the location of the facility is otherwise permitted by the

Municipal Code or by applicable state laws.

(6) The medical cannabis cultivation area shall be in compliance with

the current adopted edition of the California Building Code section 1203.4 Natural

Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s));

(7) The medical cannabis cultivation area shall not adversely affect the

health or safety of the residence or accessory building in which it is cultivated, or nearby

properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses,

odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or

storage of materials, processes, products or wastes;

(8) Medical cannabis cultivation lighting shall not exceed 1200 watts;

(9) All electrical equipment used in the cultivation of medical 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 medical cannabis is prohibited;

(10) Any electrical wiring/rewiring shall first require an electrical permit

from the Building Department;

(11) The use of gas products (e.g., CO2, butane, etc.) for medical

cannabis cultivation is prohibited; and

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

(2) The Building Official may require additional standards for the

cultivation area in excess of 50 square feet as necessary to meet the California Building

Code and Fire Code, including but not limited to installation of fire suppression

sprinklers.

(3) The Director of Community Development 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.

(4) 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) Medical cannabis cultivation is prohibited as a Home Occupation. Medical

cannabis cultivation shall not be considered a residential accessory use. No distribution

of medical cannabis cultivated for personal use shall be allowed.

(A) A qualified patient shall be allowed to process medical cannabis cultivated

within his/her private residence. Processing of medical cannabis cultivated at the

residence shall be in conformance with the following standards:

(1) Only medical 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. Medical cannabis processing shall

remain at all times secondary to the residential use of the property;

(3) The medical cannabis processing shall be in compliance with the

current adopted edition of the California Building Code section 1203.4 Natural

Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s));

(4) The use of gas products (e.g., CO2, butane, etc.) for medical

cannabis processing is prohibited; and

(B) Medical cannabis processing is prohibited as a Home Occupation. Medical

cannabis processing shall not be considered a residential accessory use. No sale or

distributing of medical cannabis processed for personal use shall be allowed.

Medical cannabis cultivated or processed for personal use as provided for in this chapter

shall not be distributed to any person, cooperative or collective unless specifically

allowed under this chapter.

Offices for a cooperative or collective at which no cultivation, processing, storage,

handling or distributing of cannabis, in any form, occurs shall be allowed in any zoning

district in which offices are allowed. Such offices shall be subject to all regulations and

standards applicable to offices as prescribed in the Zoning Regulations of the Eureka

Municipal Code.

(A) Cultivation or processing facilities for distribution shall be allowed only in

the Agriculture (A), Limited Industrial (ML) or General Industrial (MG) zone districts.

(B) Cultivation or processing facilities shall only be allowed upon the granting

of a conditional use permit as prescribed in the Eureka Municipal Code. The fact that an

applicant possesses other types of state or City permits or licenses does not exempt the

applicant from the requirement of obtaining a conditional use permit to operate a

cultivation or processing facility for distribution.

(C) In addition to the conditional use permit required under section

158.021(B), a cultivation or processing facility located in the coastal zone shall only be

allowed upon the granting of a coastal development permit as prescribed in the Eureka

Municipal Code.

(D) The total number of cultivation or processing facilities within the City of

Eureka shall be limited to ___. If an approved conditional use permit for a distribution

facility allows for on-site cannabis cultivation and/or processing, the medical cannabis

distribution facility shall be counted as one of the allowed cultivation or processing

facilities;

(E) In addition to the application requirements specified for a conditional use

permit, an application for a conditional use permit for a cultivation or processing facility

shall include the following information:

(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

medical cannabis cultivation or processing facility including the use of each room or

building on the premises. The material shall also describe or illustrate the location and

uses of adjacent structures and properties;

(3) The equipment and methods employed in the cultivation or

processing of the medical cannabis;

(4) How the cultivated and/or processed medical cannabis will be

transported to the distribution facility and/or to qualified patients;

(5) The hours and days of the week the medical cannabis cultivation or

processing facility will be open;

(6) The number of persons, per shift, who will be working at the

cultivation or processing facility;

(7) The security measures that will be employed at the premises,

including but not limited to: lighting, alarms, and automatic law enforcement

notification;

(8) The measures taken to minimize or offset energy use from the

cultivation or processing of medical cannabis;

(9) The chemicals stored or used at the premises;

(10) The type and quantity of all effluent discharged into the City’s

wastewater and/or stormwater system;

(11) The name, location and operator of the distribution facility for

which the medical cannabis is being cultivated or processed; and

(12) Any other information required by the Director of Community

Development.

(F) Cultivation or processing facilities shall be subject to the following specific

regulations:

(1) The cultivation area shall occur only within a self-contained

structure that is in compliance with California Building Code section 1203.4 Natural

Ventilation or section 402.3 Mechanical Ventilation (or its equivalent(s));

(2) The cultivation or processing facility shall only be permitted in

conjunction with an associated medical cannabis distribution facility approved in

accordance to applicable zoning regulations from the jurisdiction in which the

distribution facility is located;

(3) The size and scale of the cultivation area shall be proportional to the

qualified patient load of the associated distribution facility in accordance to applicable

zoning regulations from the jurisdiction in which the distribution facility is located;

(4) The cultivation or processing facility shall comply with stormwater,

wastewater, and other applicable requirements of the City;

(5) The required number of off-street parking spaces shall be

determined by the Planning Commission. The location of off-street parking shall be in

compliance with the parking regulations prescribed in the Eureka Municipal Code;

(6) The on-site display of cannabis plants, except for signs approved in

compliance with the sign regulations prescribed in the Eureka Municipal Code, shall not

be allowed at the cultivation or processing facility;

(7) The display or sale of paraphernalia employed in the use or

consumption of medical cannabis shall not be allowed at the cultivation or processing

facility;

(8) Cultivation or processing facilities shall maintain all necessary

permits, and pay all appropriate taxes;

(9) Cultivation or processing facilities shall provide invoices to vendors

to ensure vendor’s tax liability responsibility;

(10) A cultivation or processing facility located off-site from the

associated medical cannabis distribution facility shall not distribute medical cannabis

from the cultivation or processing site;

(11) The cultivation or processing facility shall not adversely affect the

health or safety of the residence or accessory building in which it is cultivated, or nearby

properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses,

odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or

storage of materials, processes, products or wastes; and

(12) Medical cannabis cultivation or processing facilities shall comply

with other conditions prescribed in the approved conditional use permit.

(G) The conditional use permit approved for a cultivation or processing facility

may be suspended or revoked as prescribed for all other conditional use permits in the

Eureka Municipal Code.

(H) The rights of an approved conditional use permit for a cultivation or

processing facility run with the land as prescribed for all other conditional use permits

in the Eureka Municipal Code.

(A) Medical cannabis distributing facilities shall be allowed only in the

Hospital Medical (HM), Limited Industrial (ML) or General Industrial (MG) zoning

districts.

(B) Medical cannabis distribution facilities shall only be allowed upon the

granting of a conditional use permit as prescribed in the Eureka Municipal Code. The

fact that an applicant possesses other types of state or City permits or licenses does not

exempt the applicant from the requirement of obtaining a conditional use permit to

operate a medical cannabis distribution facility.

(C) In addition to the conditional use permit required under section

158.022(B), a distribution facility located in the coastal zone shall only be allowed upon

the granting of a coastal development permit as prescribed in of the Eureka Municipal

Code.

(D) The total number of medical cannabis distribution facilities within the City

of Eureka shall be limited to ____.

(E) In addition to the application requirements specified for a conditional use

permit, an application for a conditional use permit for a distribution facility shall

include the following information:

(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

distribution facility including the use of each room or building on the premises. The

material shall also describe or illustrate the location and uses of adjacent structures and

properties;

(3) The hours and days of the week the distribution facility will be

open;

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

distribution facility;

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

including but not limited to: lighting, alarms, and automatic law enforcement

notification;

(6) The chemicals stored or used at the premises;

(7) The type and quantity of all effluent discharged into the City’s

wastewater and/or stormwater system;

(8) The name, location and operator of the cultivation or processing

facility supplying the medical cannabis to the distribution facility;

(9) A detailed Operations Manual containing, at a minimum,

(a) The staff screening process including appropriate

background checks;

(b) The process for tracking medical cannabis quantities and

inventory controls;

(c) A description of the screening, registration and validation

process for qualified patients;

(d) A description of qualified patient records acquisition and

retention procedures; and

(e) 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) Any other information required by the Director of Community

Development.

(F) Distribution facilities shall be subject to the following specific regulations:

(1) The distribution facility shall consist of a business form that

satisfies state law to act cooperatively or collectively in the acquisition and distribution

of medical cannabis;

(2) The distribution facility shall display the client rules and/or

regulations in a conspicuous place that is readily seen by all persons entering the

dispensary;

(3) Each building entrance to the distribution facility shall be clearly

and legibly posted with a notice indicating that smoking, ingesting or consuming

medical cannabis on the premises or in the vicinity of the distribution facility is

prohibited unless specifically authorized under the conditional use permit;

(4) Each building entrance to the distribution facility shall be clearly

and legibly posted with a notice indicating that persons under the age of eighteen (18)

are precluded from entering the premises unless they are a qualified patient and/or they

are under the supervision of their parent or legal guardian;

(5) The distribution facility shall only distribute medical cannabis to a

qualified patient who has a valid, verified physician’s recommendation. The distribution

facility shall verify that the physician’s recommendation is current and valid;

(6) The distribution facility shall not distribute medical cannabis to a

qualified patient or primary caregiver more than twice a day;

(7) The distribution facility shall only permit the distribution of live

plants, starts and clones as allowed by the approved conditional use permit. Such

distribution shall be limited to qualified patients or primary caregivers;

(8) The on-site display of cannabis plants, except for signs approved in

compliance with the sign regulations prescribed in the Eureka Municipal Code, shall not

be allowed at the distribution facility unless specifically prescribed in the approved

conditional use permit;

(9) The display or sale of paraphernalia employed in the use or

consumption of medical cannabis shall not be allowed at the distribution facility unless

specifically prescribed in the approved conditional use permit;

(10) The required number of off-street parking spaces shall be

determined by the Planning Commission. The location of off-street parking shall be in

compliance with the parking regulations prescribed in the Eureka Municipal Code;

(11) If the conditional use permit authorizes on-site medical cannabis

cultivation or processing at the site of the distribution facility, the cultivation and/or

processing areas combined shall not exceed 25 percent of the distribution facility’s total

floor area, and in no case exceed 1,500 square feet or exceed 10 feet in height;

(12) If the distribution facility cultivates or processes medical cannabis

at an off-site location, such off-site location shall be permitted and operated in

compliance with the applicable regulations of the jurisdiction in which the off-site

cultivation or processing facility is located. Compliance documentation from the

applicable jurisdiction shall accompany the conditional use permit application for the

medical cannabis cooperative or collective and be updated annually;

(13) Distribution facilities shall maintain all necessary permits, and pay

all appropriate taxes;

(14) Distribution facilities shall provide invoices to vendors to ensure

vendor’s tax liability responsibility;

(15) The distribution facility shall not adversely affect the health or

safety of the residence or accessory building in which it is cultivated, or nearby

properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses,

odor, smoke, traffic, vibration, or other impacts, or be hazardous because of the use or

storage of materials, processes, products or wastes;

Distribution Facilities under sections 158.021 and 158.022, and the costs of monitoring

and ensuring compliance with this Ordinance, will be offset through application fees

and annual renewal fees, to be adopted by the City Council by Resolution and updated

as necessary from time-to-time. In the administration of the permitting requirements

under this Ordinance, the City Manager, or his designee, may require as a condition to

granting and renewal of the permits any information reasonably necessary to implement

the intent of this Ordinance, to ensure that the cannabis handled under the permit is

grown, processed or distributed in a manner not in conflict with this Ordinance, and to

ensure that any and all related sales taxes are being properly reported and paid.