Chapter 8.35
MEDICAL MARIJUANA DISPENSARIES
Sections:
8.35.010 Purpose and findings.
8.35.030 Medical marijuana dispensary prohibited.
8.35.040 Use or activity prohibited by state or federal law.
8.35.050 Existing nonconforming uses.
8.35.010 Purpose and findings.
The city council finds that federal and state laws prohibiting the possession, sale and distribution of marijuana would preclude the opening of medical marijuana dispensaries sanctioned by the city of Fortuna, and in order to serve public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this chapter is to prohibit marijuana dispensaries as stated in this chapter. (Ord. 2008-673 § 1).
8.35.020 Definitions.
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
A. “Identification card” is 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.
B. “Medical marijuana” is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Section 11362.7.
C. “Medical marijuana dispensary” or “dispensary” is any facility or location where medical marijuana is made available to and/or distributed by or to three or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of those terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq. as such sections may be amended from time to time.
D. “Primary caregiver” is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person.
E. “Physician” is an individual who possesses a recognition in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient’s medical record the physician’s assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate.
F. “Qualified patient” is a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Health Services. (Ord. 2008-673 § 1).
8.35.030 Medical marijuana dispensary prohibited.
It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary in the city of Fortuna. (Ord. 2008-673 § 1).
8.35.040 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. 2008-673 § 1).
8.35.050 Existing nonconforming uses.
Any medical marijuana dispensary existing within the city of Fortuna on the effective date of the ordinance codified in this chapter shall cease operations forthwith. (Ord. 2008-673 § 2).
8.35.060 Penalty.
Except as may otherwise be expressly provided, any person who violates any provision of this chapter is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in FMC 1.01.090. (Ord. 2008-673 § 5).