Chapter 9.31
MARIJUANA/CANNABIS DISPENSARIES AND DELIVERY
Sections:
9.31.020 Dispensaries prohibited.
9.31.030 Marijuana delivery prohibited.
9.31.010 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this section:
A. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. “Cannabis” also does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
B. “Delivery” or “deliver” means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform.
C. “Identification card” means a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.
D. “Marijuana” shall have the same meaning as cannabis, and the terms “marijuana” and “cannabis” may be used interchangeably and synonymously through this chapter.
E. “Medical marijuana dispensary” means any facility or location where medical marijuana is made available to, distributed by, or distributed to one (1) or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. All three (3) of these terms are identified in strict accord with Section 11362.5 et seq. of the California Health and Safety Code. A medical marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accord with this code and other applicable law: 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 illnesses 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 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, Section 11362.5 et seq. of the Health and Safety Code. “Medical marijuana dispensary” shall include a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale or in exchange for contribution of money or other resources, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale or in exchange for contribution of money or other resources.
F. “Person with an identification card” shall have the meaning given that term by Section 11362.7 of the Health and Safety Code.
G. “Primary caregiver” shall have the meaning given that term by Section 11362.7 of the Health and Safety Code.
H. “Qualified patient” shall have the meaning given that term by Section 11362.7 of the Health and Safety Code, but who does not have an identification card issued by the State Department of Health Services. [Ord. 5-2021 §2, eff. 3-12-2021; Ord. 9-2016 §3, eff. 6-10-2016; Ord. 19-2010 §1, eff. 10-8-2010. Formerly 9.31.020]
9.31.020 Dispensaries prohibited.
Medical marijuana dispensaries are prohibited and it shall be unlawful for any person to operate or permit to be operated a medical marijuana dispensary in or upon any premises in the City. [Ord. 5-2021 §2, eff. 3-12-2021; Ord. 19-2010 §1, eff. 10-8-2010. Formerly 9.31.030]
9.31.030 Marijuana delivery prohibited.
Delivery of marijuana and/or cannabis to any location within the City is prohibited, and it shall be unlawful for any person to deliver marijuana and/or cannabis to any location within the City. [Ord. 5-2021 §2, eff. 3-12-2021; Ord. 9-2016 §3, eff. 6-10-2016. Formerly 9.31.035]
9.31.040 Punishment.
Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Title 1 and EGMC Chapter 16.18. [Ord. 5-2021 §2, eff. 3-12-2021; Ord. 19-2010 §1, eff. 10-8-2010]