Chapter 5.71
MOBILE MEDICAL MARIJUANA DISPENSARIES

Sections:

5.71.010    Purpose and findings.

5.71.020    Mobile medical dispensary defined.

5.71.030    Mobile medical marijuana dispensaries prohibited.

5.71.040    Marijuana delivery prohibited.

5.71.050    Public nuisance defined.

5.71.060    Use or activity prohibited by state or federal law.

5.71.010 Purpose and findings.

The city council finds that federal and state laws prohibiting the possession, sale and distribution of marijuana preclude the establishment or operation of city-sanctioned or permitted mobile medical marijuana dispensaries within the city of Dinuba. In order to promote and ensure the health, safety and welfare of the city and its residents, the declared purpose of this chapter is to prohibit mobile medical marijuana dispensaries as provided in this chapter. (Ord. 2016-01 § 2 (part), 2016)

5.71.020 Mobile medical dispensary defined.

“Mobile medical marijuana dispensary” means any facility, location, clinic, cooperative, collective, club, individual, business or group that transports, delivers, or arranges the transportation or delivery of medical marijuana to, but not limited to, a “qualified patient,” a person with an “identification card” or a “primary caregiver,” as those terms are defined in Section 5.70.020. All other terms applicable to this chapter shall be defined as set forth in Chapter 5.70, unless otherwise defined differently in this chapter. Mobile medical marijuana dispensary does not mean an individual who is either a “qualified patient,” a person with an “identification card” or a “primary caregiver,” who is transporting or possessing medical marijuana in amounts reasonably related to the patient's current medical needs. (Ord. 2016-01 § 2 (part), 2016)

5.71.030 Mobile medical marijuana dispensaries prohibited.

Mobile medical marijuana dispensaries are prohibited in the city of Dinuba. It shall be unlawful for any person or entity to own, manage, conduct or operate, or as a landlord or land owner (or as such landlord or land owner’s agent, property manager or similar person having control over real property on behalf of its owner) allow or permit to exist, or be established, conducted, operated, owned or managed on or within any real property owned or controlled by such person, any mobile medical marijuana dispensary, or to participate as a landlord, lessor, land owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any mobile medical marijuana dispensary in the city of Dinuba. Each day a violation of any provision of this chapter is committed, or permitted to continue, shall constitute a separate offense. (Ord. 2016-01 § 2 (part), 2016)

5.71.040 Marijuana delivery prohibited.

No person shall deliver marijuana to any location within the city of Dinuba from a mobile medical marijuana dispensary, regardless of where the mobile medical marijuana dispensary is located, or engage in any action or operation in furtherance of this purpose.

No person shall deliver any marijuana-infused product, such as, but not limited to, tinctures, baked goods, or other consumable products, to any location within the city of Dinuba from a mobile medical marijuana dispensary, regardless of where the mobile medical marijuana dispensary is located, or engage in any action or operation in furtherance of this purpose. (Ord. 2016-01 § 2 (part), 2016)

5.71.050 Public nuisance defined.

Operation of any mobile medical marijuana dispensary within the city of Dinuba in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by all available means. (Ord. 2016-01 § 2 (part), 2016)

5.71.060 Use or activity prohibited by state or federal law.

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. (Ord. 2016-01 § 2 (part), 2016)