Chapter 5.44
MEDICAL MARIJUANA DISPENSARIES
Sections:
5.44.010 Medical marijuana uses defined.
5.44.030 Use or activity prohibited by federal or state law.
5.44.040 Penalty for violation.
5.44.010 Medical marijuana uses defined.
As used in this chapter, “medical marijuana dispensary” means any facility or location where marijuana is made available to and/or distributed by or to one or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, whether or not in accordance with California Health and Safety Code Section 11362.5 et seq. However, “medical marijuana dispensary” shall not include the following uses, as long as the locations of such uses are otherwise regulated by this code or 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 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 Section 11362.5 et seq.
“Mobile marijuana dispensary” means any clinic, collective, cooperative, club, business, organization, or group which transports or delivers, or arranges the transportation or delivery, of medical marijuana, whether tinctures, baked goods, or other consumable products, to a person within city limits, regardless of where the mobile marijuana dispensary originates or terminates.
“Operation” means any effort to locate, operate, own, lease, supply, allow to be operated, or aid, abet or assist in the operation of a mobile marijuana dispensary.
“Person” means any person, firm, corporation, association, club, society, or other organization. The term “person” shall include any owner, manager, proprietor, employee, volunteer, or salesperson. (Ord. 550 § 3, 2016; Ord. 525 § 4, 2010)
5.44.020 Prohibited.
No person or entity shall locate, operate, own, maintain, manage, conduct, or allow to be operated or maintained, or aid, abet, or assist in the operation of any medical marijuana dispensary, mobile marijuana dispensary or participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary or mobile marijuana dispensary in the city. (Ord. 550 § 3, 2016; Ord. 525 § 4, 2010)
5.44.030 Use or activity prohibited by federal or state 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. 550 § 3, 2016; Ord. 525 § 4, 2010)
5.44.040 Penalty for violation.
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. In addition to the penalties provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided in Chapter 8.20 EMC and/or under state law. (Ord. 550 § 3, 2016)