A. “Commercial marijuana activity” includes “commercial cannabis activity” as set forth in California Business and Professions Code sections 19300.5(j) and 26001(k), as may be amended from time to time, and includes the cultivation, possession, manufacture, distribution, processing, storing, testing, labeling, transportation, or sale of marijuana and marijuana products.

B. “Cultivation” shall have the same meaning as set forth in California Business and Professions Code sections 19300.5(e) and 26001(e), as may be amended from time to time, and includes any activity involved in the planting, growing, drying, curing, grading, or trimming of marijuana.

C. “Delivery” shall have the same meaning as set forth in California Business and Professions Code sections 19300.5(m) and 26001(h), as may be amended from time to time, and includes the commercial transfer of marijuana or marijuana products to another person, and also includes the use by a retailer of any technology or platform, whether owned or controlled by the retailer or independently licensed, that enables customers to arrange for or facilitate the commercial transfer of marijuana by a licensed retailer of marijuana or marijuana products.

D. “Establish” or “operate” a medical or recreational marijuana facility means and includes: the opening or commencement of the operation of a medical marijuana or non-medical marijuana facility; the conversion of an existing business, facility, use, establishment, property, or location to a medical marijuana or non-medical marijuana facility; or the addition of a medical marijuana or non-medical marijuana facility to any other existing business, facility, use, establishment, property, or location.

E. “Marijuana” shall have the same meaning as set forth in California Health and Safety Code section 11018 and Business and Professions Code section 19300.5(f), as may be amended from time to time.

F. “Medical marijuana” is marijuana used for medical purposes where that medical use is deemed appropriate and recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of conditions such as acquired immune deficiency syndrome (“AIDS”), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in California Health and Safety Code section 11362.7(h), as may be amended from time to time.

G. “Medical marijuana facility” means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card. A “medical marijuana facility” shall not include the following uses: a clinic licensed pursuant to California Health and Safety Code Division 2, Chapter 1; a healthcare facility licensed pursuant to California Health and Safety Code Division 2, Chapter 2; a facility licensed pursuant to California Health and Safety Code Division 2, Chapter 2; a residential care facility for persons with chronic life-threatening illness licensed pursuant to California Health and Safety Code Division 2, Chapter 3.01; a residential care facility for the elderly licensed pursuant to California Health and Safety Code Division 2, Chapter 3.2; a residential hospice; or a home health agency licensed pursuant to California Health and Safety Code Division 2, Chapter 8.

H. A “Non-medical marijuana facility” means any building facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or permits another person or entity to establish, commence, engage in, or conduct any activity that requires a State license or nonprofit license under Business and Professions Code section 26000 et seq., including but not limited to marijuana cultivation, distribution, transportation, storage, manufacturing of marijuana products, processing, the sale of marijuana or marijuana products, and the operation of marijuana microbusinesses. A “non-medical marijuana facility” includes any “commercial marijuana activity” as defined by Business and Professions Code section 26001(d).

I. “Outdoors” means any location that is not within a fully enclosed and secure structure. (Ord. 2018-1 § 2, 2018.)