Menifee Zoning Code Ch. 9.275 Hookah and Cannabis Uses

Contents:

9.275.010 Purpose

9.275.020 Applicability

9.275.030 Hookah and Cannabis-Related Use Prohibitions

9.275.040 Medicinal Cannabis Delivery Service

(2025-417, 07/16/2025)

The purpose of this chapter is to establish the regulations related to hookah and cannabis uses in the City of Menifee in order to protect the health, safety and general welfare of the public.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

The requirements of this chapter apply to all hookah and marijuana uses.

1. Purpose and Findings.

2. The City Council has found that prohibitions on marijuana cultivation and processing are necessary for the preservation and protection of the public health, safety and welfare for the city and its community. The City Council’s prohibition of such activities is within the authority conferred upon the City Council under state law. On October 9, 2015, the governor signed the Medical Marijuana Regulation and Safety Act (MMRSA) into law. The MMRSA contains new statutory provisions that:

3. Allow local governments to enact ordinances expressing their intent to prohibit the cultivation of marijuana outdoors and their intent not to administer a conditional permit program pursuant to enact reasonable regulations to regulate the cultivation of cannabis within a single private residence or inside an accessory structure to a private residence that is fully enclosed and secure California Health and Safety Code Section 11362.777 for the cultivation of cannabis (California Health and Safety Code Section 11362.7772(b)(1-3)).

4. Expressly provide that the MMRSA does not supersede or limit local authority of local law enforcement activity, enforcement of local ordinances or enforcement of local permit or licensing requirements regarding cannabis (California Business and Professions Code Section 1931526200(a)).

5. Expressly provide that the MMRSA does not limit the authority or remedies of a local government under any provision of law regarding cannabis, including but not limited to a local government's right to make and enforce within its limits all police regulations not in conflict with general laws (California Business and Professions Code Section 1931626200(a)).

6. The Adult Use of Marijuana Act (AUMA) was approved by the voters on November 8, 2016 and took effect the day after the election. The AUMA decriminalized for state law purposes specified personal use and cultivation of non-medical cannabis and established a state regulatory and licensing program for non-medical cannabis commercial cultivation, testing, distribution and manufacturing. Under the AUMA, the City retains the ability to prohibit indoor non-medical cannabis cultivation of more than six plants per residence, place reasonable restrictions on the indoor cultivation of six plants or fewer, prohibit outdoor cultivation, ban smoking/possession of cannabis on City owned or leased property, ban or regulate all entities in the stream of commerce (dispensaries, distributors, manufacturers, commercial cultivators, etc.) and establish additional taxes on recreational cannabis. (California Health and Safety Code Section 11362.2(b)(1-3)).

7. The City Council found that the provisions of this chapter:

(Ord. 2015-188, passed 1-20-2016; Am. Ord. 2017-230, passed 12-20-2017)

1. Express its intent to prohibit the cultivation and processing of cannabis in the city, except as allowed by the AUMA.

2. Exercise its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing or other entitlement of the activities prohibited by this chapter.

3. Exercise its police power to enact and enforce regulations for the public benefit, safety and welfare of the city and its community.

4. Prohibited Activities.

5. Cannabis Dispensaries Prohibited. Cannabis dispensaries and medical cannabis dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.50 of this code.

6. Mobile Cannabis Dispensaries Prohibited. Mobile cannabis dispensaries are prohibited in the City of Menifee pursuant to Chapter 5.60 of this code.

7. Cannabis Delivery Prohibited.

8. No person shall deliver cannabis to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.

9. No person shall deliver any cannabis-infused product such as tinctures, baked goods or other consumable products to any location within the city from a mobile cannabis dispensary, regardless of where the mobile cannabis dispensary is located, or engage in any operation for this purpose.

10. Cannabis Cultivation and Processing. Cannabis cultivation and processing shall be prohibited activities in Menifee, except where the City is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit or any other entitlement, license or permit, whether administrative or discretionary, shall be approved or issued for the activities of cannabis cultivation and cannabis processing in the city, and no person shall otherwise establish or conduct such activities in the city, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit or any other entitlement, license or permit is sought. All commercial cannabis activities, including, but not limited to, individual sales, cooperatives, dispensaries, cultivation and deliveries, are expressly prohibited in Menifee. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the city.

11. Hookah Lounges and Cannabis Cafes. Hookah lounges and cannabis cafes are prohibited within the city.

12. Personal Use. If an individual is 21 years of age or older, he or she may engage in the indoor cultivation of six or fewer cannabis plants, pursuant to California Health and Safety Code Sections 11362.1(a)(3) and 11362.2(a)(2), as may be amended from time to time. However, the cannabis plants may not be visible to the public and must be kept in a secure, locked space within the individual’s private residence when not in use. The indoor cultivation of more than six cannabis plants is prohibited. All outdoor cultivation is prohibited in the city.

13. Public Nuisance Declared. Any violation of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.

14. Violations. Violations of this chapter may be enforced by any means available to the City.

(2025-417, 07/16/2025)

Effective on: 8/16/2025

The standards set forth below shall apply to medicinal cannabis delivery services for physical delivery logistics locations.

1. Requirements. The following shall be submitted along with the required application.

2. Permit Required. A Medicinal Cannabis Delivery Service shall not commence operation prior to being approved under Chapter 9.40 (Conditional Use Permit).

3. License Required. All businesses are required to register for a business license, pursuant to Chapter 5.01 (Business License and Registration Program) of the City of Menifee Municipal Code.

4. Copies of the applicant’s current M-License from the California Department of Cannabis Control.

5. Odor Control Management Plan. All applications shall submit an adequate on-site odor control management plan such that all odors resulting from the storage or transport of cannabis and cannabis related products cannot be readily detected from outside of the structure or vehicle in which the business operates.

6. Safety and Security Plan.

7. Sensitive Uses Information. The names and addresses of all sensitive uses within 500 feet measured from the property lines of a proposed facility. For business condominiums, this measurement would be taken from the outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:

8. Residential zones or private residences

9. Public or private schools

10. Daycare Centers

11. Churches

12. Public parks

13. Youth activity centers

14. Any other medicinal cannabis delivery service business

15. Development Standards.

16. Dimensions. The cumulative size of all structures associated with a delivery logistics center for Medicinal Cannabis Delivery Service shall not exceed 3,000 square feet of gross building area.

17. Signs.

18. No cannabis or cannabis product may be visible from outside the Medicinal Cannabis Delivery Service fixed location or any delivery vehicles.

19. Signage shall be limited to one wall sign and meet the requirements of Menifee’s Development Code Chapter 9.220 Sign Regulations.

20. Operation Standards

21. Hours of Operation. Medicinal Cannabis Delivery Services may only operate during hours authorized by their state license and the Department of Cannabis Control regulations.

22. Food products. Medicinal Cannabis Delivery Services shall comply with all state laws and regulations with respect to edible products.

23. Background Check. All owners, operators, partners, investors, employees, and agents must submit to a background check.

24. All business activities may only occur in a permitted, fully enclosed and secure structure.

25. Delivery shall be only to qualified Medicinal Cannabis patients or their primary caregivers who possess a valid identification card as described in California Health and Safety Code Section 11362.7.

26. All business operations must be conducted in conformance with the approved Medicinal Cannabis Delivery Service license and all approved plans included therewith.

27. Prohibited Activities.

28. On-site sales and pick up orders. Medicinal Cannabis Delivery Services shall only conduct sales through delivery. On-site sales or order pick ups are prohibited.

29. Cannabis Paraphernalia Sales. Medicinal Cannabis Delivery Services shall not sell, deliver, or advertise for sale any products other than medicinal cannabis or medicinal cannabis products.

30. A Medicinal Cannabis Delivery Service shall not grow, cultivate, manufacture, or process cannabis.

31. Site Security.

32. Security surveillance cameras and a video recording system must be installed to monitor all doors into and out of the buildings on the site, the parking lot, and all exterior sides of the property adjacent to the public right-of-way. The cameras and recording system must be of adequate quality, color rendition, and a minimum resolution of to allow for the identification of any individual present in the fixed locations of delivery-only medicinal cannabis operations.

33. A professionally and centrally monitored fire, sprinkler, robbery, and burglar alarm systems must be installed and maintained in good working condition at the premises.

34. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance and subject to abatement under the laws of Menifee’s Municipal Code and the state of California.

35. Conflicting Provisions. If any other provisions of the Municipal Code conflict with the provisions of this chapter as it relates to the regulation of land use related to cannabis, this chapter shall be controlling.

(2025-417, 07/16/2025)

Effective on: 8/16/2025