Chapter 9.36
MARIJUANA

Sections:

9.36.010    Purpose.

9.36.020    Definitions.

9.36.030    Prohibition of medical marijuana dispensaries.

9.36.040    Establishment, maintenance or operation of medical marijuana dispensaries declared public nuisance.

9.36.050    Outdoor cultivation of marijuana prohibited.

9.36.060    Enforcement.

9.36.010 Purpose.

The purpose of this chapter is to promote the public health, safety and welfare by:

A. Protecting citizens from the secondary impacts associated with medical marijuana dispensaries, including, but not limited to, increased public consumption of marijuana and the potential for increased marijuana DUIs, illegal resale of marijuana obtained at low cost from dispensaries, loitering, fraud in obtaining or using medical marijuana identification cards, robbery, assaults, and other crimes.

B. Protecting city residents from the offensive odor and unreasonable risk of crime from outdoor cultivation of marijuana.

C. Preventing increased demands for police response resulting from activities at medical marijuana dispensaries and parcels where outdoor marijuana cultivation occurs, thereby avoiding reduction of the ability of the city’s public safety officers to respond to other calls for service. (Ord. 660-2008 § 2 (part), 2008)

9.36.020 Definitions.

A. “Cultivation” means the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof.

B. “Medical marijuana dispensary” means any facility or location where medical marijuana is made available to, and/or distributed by or distributed to, two or more of the following: any person, including a qualified patient, a person with an identification card, or a primary caregiver. The terms “qualified patient,” “person with an identification card,” and “primary caregiver” are defined in California Health and Safety Code Section 11362.7 and shall be interpreted in strict accordance with Health and Safety Code Sections 11362.5 and 11362.7 et seq. A medical marijuana dispensary shall not include any facility or location that is otherwise permitted and licensed under all applicable laws to make marijuana available to qualified patients and/or persons with an identification card and such use complies strictly with all applicable laws. A medical marijuana dispensary shall not include “qualified patients,” “persons with an identification card,” and/or “primary caregiver,” as those terms are defined in California Health and Safety Code Section 11362.7 et seq., who associate within the state of California in order collectively or cooperatively to cultivate marijuana for medical purposes pursuant to California Health and Safety Code Section 11362.775.

C. “Outdoors” means any location within the city of Cloverdale that is not entirely contained within a structure that is completely enclosed by walls and a roof, which is secure against unauthorized entry, and which is accessible only through one or more lockable doors.

D. “Parcel” means property assigned a separate parcel number by the Sonoma County assessor. (Ord. 660-2008 § 2 (part), 2008)

9.36.030 Prohibition of medical marijuana dispensaries.

The establishment, operation or maintenance of medical marijuana dispensaries in the city of Cloverdale is unlawful and prohibited. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment, maintenance or operation of a medical marijuana dispensary within the city limits of the city of Cloverdale. (Ord. 660-2008 § 2 (part), 2008)

9.36.040 Establishment, maintenance or operation of medical marijuana dispensaries declared public nuisance.

The establishment, maintenance or operation of a medical marijuana dispensary as defined in this chapter within the city limits of the city of Cloverdale is declared to be a public nuisance. (Ord. 660-2008 § 2 (part), 2008)

9.36.050 Outdoor cultivation of marijuana prohibited.

Outdoor marijuana cultivation within the city limits of the city of Cloverdale is unlawful and hereby declared a public nuisance. (Ord. 660-2008 § 2 (part), 2008)

9.36.060 Enforcement.

Any violation of this chapter shall be enforced by any applicable laws or ordinances, including, but not limited to, Chapter 8.02. (Ord. 660-2008 § 2 (part), 2008)