Chapter 17.94 — COMMERCIAL CANNABIS USES AND CULTIVATION

The purpose of this chapter is to regulate commercial cannabis uses, both medical and non-medical, in a manner that is consistent with the requirements of state law.

(Ord. No. 1000 § 4, 2022)

• A. Commercial cannabis uses are expressly prohibited in all zones, overlay zones and special planning areas in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a business license, building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.

• B. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.

• C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with section 17.94.030 .

• (Ord. No. 1000 § 4, 2022)

It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below.

• A. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence.

• B. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law.

• C. Only persons 21 years of age or older may cultivate cannabis. Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code §§ 11362.1 and 11362.2 .

• D. Cannabis cultivation is permitted only within fully enclosed and secure structures.

• E. No person shall cultivate marijuana in any manner that causes any of the following conditions:

  1. Light, glare, odor, noise, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property; or

2. Any violation of chapter 17.66 of the development code.

(Ord. No. 1000 § 4, 2022)

• A. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

• B. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code § 11362.1 .

• C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Business and Professions Code § 26054(c) and (d) , as the same may be amended from time to time, or any other provision of the MAUCRSA.

• D. Nothing in this chapter shall prohibit the establishment of one physical premises from which retail sale by delivery of medicinal cannabis within the city is conducted by a non-storefront medical cannabis retail use. A non-storefront

medical cannabis retail use shall be permitted with a minor use permit subject to the requirements set forth in section 17.102.080 and a non-storefront medical cannabis retail regulatory permit subject to the requirements set forth in chapter 5.20 . A non-storefront medical cannabis retailer may deliver medical cannabis within the jurisdictional limits of the city.

(Ord. No. 1000 § 4, 2022; Ord. No. 1022, 12/20/2023)

In addition to any other enforcement permitted by this chapter of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in section 1.12.010 of the Rancho Cucamonga Municipal Code, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code § 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 1000 § 4, 2022)