Chapter 9.06
LIMITATIONS UPON MEDICAL MARIJUANA DISPENSARIES

Sections:

9.06.010  Purpose and intent.

9.06.020  Definitions.

9.06.030  Limitations and prohibitions applicable to medical marijuana dispensaries.

9.06.040  Separable provisions.

9.06.010 Purpose and intent.

It is the purpose and intent of this chapter to promote the health, safety, morals, and general welfare of the residents and businesses within the city by regulating medical marijuana dispensaries.  (Ord. 04-05 §1(part), 2004).

9.06.020 Definitions.

For the purposes of this chapter, the following terms shall be defined as follows, unless the context requires a different meaning:

"Medical marijuana" is defined in strict accordance with California Health and Safety Code Section 11362.5 et seq.

"Medical marijuana dispensary" means any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following:  (1) a "qualified patient," (2) a "person with an identification card," or (3) a "primary caregiver" as those terms are defined in strict accordance with California Health and Safety Code Section 11362.5 et seq.  Unless otherwise regulated by this code or applicable law, "medical marijuana dispensary" shall not include the following uses:  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 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.  (Ord. 04-05 §1(part), 2004).

9.06.030 Limitations and prohibitions applicable to medical marijuana dispensaries.

A. Medical marijuana dispensaries where medical marijuana is distributed by, distributed to, or made available to any combination of three or more qualified patients, persons with identification card, or primary caregivers as defined by California Health and Safety Code Section 11362.5 et seq. are prohibited.

B. Medical marijuana dispensaries are prohibited from engaging in the sale, dispensing, or distribution of any item other than medical marijuana as allowed by law.

C. No more than one medical marijuana dispensary may operate out of a single building or legal parcel.  (Ord. 04-05 §1(part), 2004).

9.06.040 Separable provisions.

If any section, subdivision, sentence, clause or phrase of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct and independent provision, and that holding shall not affect the validity of the remaining portion thereof.  (Ord. 04-05 §1(part), 2004).