CHAPTER 12.140
MEDICAL MARIJUANA DISPENSARIES
SECTION:
12.140.020: Medical Marijuana Dispensaries Prohibited
12.140.010 DEFINITIONS:
As used in this chapter, unless the context otherwise indicates, the words and phrases set forth below shall have the following meanings:
"Marijuana" shall have the same meaning as the definition of that word in California Health and Safety Code section 11018.
"Medical marijuana dispensary" is inclusive of "medical marijuana cooperative/collective" or "medical cannabis dispensary" and means any facility or location, whether fixed or mobile, where medical marijuana is cultivated, provided, sold, made available, or otherwise distributed to three or more of the following: any individual, including, but not limited to, a primary caregiver, a qualified patient, or a person with an identification card, as those terms are defined in Health and Safety Code section 11362.7 et seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such uses is 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 healthcare facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code, a 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 such use complies strictly with applicable law, including but not limited to Health and Safety Code section 11362.5 et seq. (Ord. 2016-90, 1-19-2016)
12.140.020 MEDICAL MARIJUANA DISPENSARIES PROHIBITED:
A medical marijuana dispensary, as defined in section 12.140.010, is prohibited in all zones, districts, properties, and areas within the city. No person or entity shall operate or permit to be operated a medical marijuana dispensary in or upon any property or premises in the city. The city shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a medical marijuana dispensary. (Ord. 2016-90, 1-19-2016)
12.140.030 ENFORCEMENT:
Violations of this chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of this chapter or any other applicable law. (Ord. 2016-90, 1‑19-2016)