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 Santa Barbara County
 Code of Ordinances
 Chapter 50A. TAX ON CANNABIS OPERATIONS

  § 50A-2. Definitions.  

Latest version.

  • For purposes of this chapter, the following terms are defined to mean:

    (a)

    Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica , or Cannabis ruderalis , whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including, but not limited to, separated resin. Cannabis also means medical and non-medical marijuana. Cannabis does not include industrial hemp, as defined in Section 11018.5 of the Health and Safety Code, as may be amended.

    (b)

    Cultivation. Any activity involving the planting, growing, harvesting, processing, drying, curing, or trimming of cannabis, as well as grading of land pursuant to Division 10 (commencing with Section 26000) of the California Business and Professions Code, as may be amended. Cultivation includes outdoor cultivation, indoor cultivation, and mixed light cultivation and processors.

    (c)

    Distributor or Distribution or Distribution Facility. A person involved in the procurement, sale, and/or transport of cannabis and cannabis products between two or more cannabis businesses pursuant to Division 10 (commencing with Section 26000) of the California Business and Professions Code, as may be amended.

    (d)

    Distributor Transport Only. A person involved in Distribution as limited by 16 California Code of Regulations Section 5315, as may be amended.

    (e)

    Engaged or Engages in Cannabis Operations. The commencing, conducting, operating, managing or carrying on of a cannabis business or operation, the exercise of corporate or franchise powers, whether done as owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the unincorporated area of the county or coming into the unincorporated area of the county from an outside location to engage in such activities. A person shall be deemed engaged in cannabis operations within the county if:

    1.

    Such person or person's employee maintains a fixed place of business within the unincorporated area of the county for the benefit or partial benefit of such person;

    2.

    Such person or person's employee owns or leases real property within the unincorporated area of the county for business purposes;

    3.

    Such person or person's employee regularly maintains a stock of tangible personal property in the unincorporated area of the county for sale in the ordinary course of business;

    4.

    Such person or person's employee regularly conducts solicitation of business within the unincorporated area of the county;

    5.

    Such person or person's employee performs work or renders services in the unincorporated area of the county; or

    6.

    Such person or person's employee utilizes the streets within the unincorporated area of the county in connection with the operation of motor vehicles for business purposes.

    The foregoing specified activities shall not be a limitation on the meaning of "engaged or engages in operations."

    (f)

    Manufacturing. All aspects of the extraction and/or infusion process, including preparing, holding, storing, packaging, or labeling of cannabis products pursuant to Division 10 (commencing with Section 26000) of the California Business and Professions Code, as may be amended. Manufacturing also includes any preparing, holding, or storing of components and ingredients. "Manufacturing" includes, but is not limited to, volatile and nonvolatile manufacturing.

    (g)

    Microbusiness. Engaging in at least three of the four following cannabis operations: cultivation, distribution, non-volatile manufacturing, and/or retail, pursuant to Division 10 (commencing with Section 26000) of the California Business and Professions Code, as may be amended, and California Business and Professions Code Section 26070(a)(3)(A) or 16 California Code of Regulations Section 5500, as may be amended.

    (h)

    Nursery. The production solely of clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis pursuant to Division 10 (commencing with Section 26000) of the California Business and Professions Code, as may be amended.

    (i)

    Person. Includes, but is not limited to, an individual, partnership, corporation, cooperative, collective, organization, business, and/or entity.

    (j)

    Retail or Retailer. Includes, but is not limited to, non-storefront retailer and storefront retailer pursuant to Division 10 (commencing with Section 26000) of the California Business and Professions Code, as may be amended.

    1.

    Non-Storefront Retailer. Delivery-only retail of commercial cannabis or cannabis products, also referred to as non-storefront retail.

    2.

    Storefront Retailer. The retail sale and delivery of cannabis or cannabis products to customers, also referred to as a storefront retail. A retailer's premise may be open or closed to the public. A storefront retailer may also conduct some sales by delivery.

    (k)

    Treasurer-Tax Collector. The treasurer-tax collector of the County of Santa Barbara, his or her deputies or any other county officer charged with the administration of the provisions of this chapter.

(Ord. No. 5026, § 1, 2-13-2018)