Chapter 5.80
MEDICAL MARIJUANA
Sections:
5.80.030 Prohibition of cultivation of medical marijuana.
5.80.040 Prohibition of medical marijuana dispensaries.
5.80.050 Regulations applicable to the consumption of medical marijuana.
5.80.060 Penalties and enforcement.
5.80.010 Purpose and intent.
It is the purpose and intent of this chapter to promote the health, safety, and general welfare of the residents and businesses within the city by regulating the cultivation, distribution, and consumption of medical marijuana. (Ord. 2016-01 § 2 (part), 2016)
5.80.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Collective or cooperative cultivation” means the association within California of qualified patients, persons with valid identification cards and designated primary care givers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Cultivation of medical marijuana” means the growing of medical marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Medical marijuana” is defined in strict accordance with California Health and Safety Code Sections 11018, 11362.5, and 11362.7 et seq.
“Medical marijuana dispensary” means any facility or location, whether fixed or mobile, and any building or structure, where medical marijuana is made available to, distributed by, or distributed to more than two of the following: a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq. Unless otherwise regulated by this code or applicable law, a “medical marijuana dispensary” shall not include the following uses: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq. (Ord. 2016-01 § 2 (part), 2016)
5.80.030 Prohibition of cultivation of medical marijuana.
Cultivation of medical marijuana is regulated similarly as nonmedical marijuana. Regulations are found in Title 17 and in Section 5.86.040. (Ord. 2017-04 § 2 (part), 2017: Ord. 2016-01 § 2 (part), 2016)
5.80.040 Prohibition of medical marijuana dispensaries.
Medical marijuana dispensaries as defined in Section 5.80.020 are prohibited in the city of Dinuba. (Ord. 2016-01 § 2 (part), 2016)
5.80.050 Regulations applicable to the consumption of medical marijuana.
No person shall smoke, ingest, or otherwise consume medical marijuana in the city of Dinuba unless such smoking, ingesting or consumption occurs entirely outside of public view within a private residence, or within the grounds of a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code. (Ord. 2016-01 § 2 (part), 2016)
5.80.060 Penalties and enforcement.
Violations of this chapter shall be considered misdemeanors and are punishable in accordance with Chapter 1.16. Each and every day, or portion thereof a violation exists is a separate offense. The city may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.
Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the city intends that the misdemeanor provision be severable from the remaining penalty provisions and the city will only pursue noncriminal remedies for violations of this chapter. (Ord. 2016-01 § 2 (part), 2016)