Chapter 5.28
MEDICAL MARIJUANA COOPERATIVES AND COLLECTIVES
Sections:
5.28.010 Purpose and findings.
5.28.030 Medical marijuana cooperative or collective prohibited.
5.28.050 Use or activity prohibited by state or federal law.
5.28.060 Existing nonconforming uses.
5.28.010 Purpose and findings.
The city council finds that no federal and state law requires the establishment or operation of medical marijuana cooperatives or collectives sanctioned by the city of Trinidad; and
In order to serve the public health, safety, and welfare of the residents and businesses within the city of Trinidad, the declared purpose of this chapter is to prohibit medical marijuana cooperatives and collectives as stated in this chapter. [Ord. 2009-01, 2009].
5.28.020 Definitions.
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Attending physician” is an individual who possesses a license 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.
“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.
“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” which if not alleviated may cause serious harm to a patient’s safety or physical or mental health and for which marijuana is deemed to provide relief as defined in Health and Safety Code Section 11362.7(h).
“Medical marijuana cooperative or collective” is a group that collectively or cooperatively cultivates and distributes marijuana for medical purposes, and/or provides a means for facilitating or coordinating transactions of medical marijuana between its members.
“Primary caregiver” is an individual, designated by a qualified patient or by a person with an identification card, who has (A) consistently provided caregiving, (B) independent of any assistance in taking medical marijuana, (C) at or before the time he or she assumed responsibility for assisting with medical marijuana.
“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. 2009-01, 2009].
5.28.030 Medical marijuana cooperative or collective prohibited.
It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana cooperative or collective, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana cooperative or collective in the city of Trinidad. [Ord. 2009-01, 2009].
5.28.040 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 TMC 1.08.010. [Ord. 2009-01, 2009].
5.28.050 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. 2009-01, 2009].
5.28.060 Existing nonconforming uses.
Any medical marijuana cooperative or collective existing within the city of Trinidad on the effective date of the ordinance codified in this chapter shall cease operations forthwith. [Ord. 2009-01, 2009].
5.28.070 Severability.
The city council of the city of Trinidad hereby declares that should any section, paragraph, sentence, phrase, term or word of this chapter be declared for any reason to be invalid, it is the intent of the city council that it would have adopted all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. [Ord. 2009-01, 2009].
5.28.080 Savings clause.
Neither the adoption of this chapter nor the repeal of any other ordinance of this city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this chapter, insofar as they are substantially the same as ordinance provisions previously adopted by the city relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. [Ord. 2009-01, 2009].