Chapter 18.73
REGULATION OF MEDICAL MARIJUANA

Sections:

18.73.010    Definitions.

18.73.020    Prohibition.

18.73.030    Public nuisance.

18.73.010 Definitions.

As used in this chapter:

“Cannabis,” or “marijuana,” shall have the same definition as Cal. Health & Saf. Code § 11018.

“Commercial cannabis activity” means cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product, except as set forth in Cal. Bus. & Prof. Code § 19319, related to qualifying patients and primary caregivers.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

“Delivery” shall include the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed by the state under the Medical Marijuana Regulation and Safety Act, which enables persons, qualified patients, and/or primary caregivers to arrange for or facilitate the commercial transfer of medical cannabis or medical cannabis products.

“Dispensary” means a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale.

“Medical cannabis” means a product containing cannabis, including but not limited to concentrates and extractions, intended to be sold by or to medical cannabis patients in California pursuant to Cal. Health & Saf. Code §§ 11362.5 and 11362.7.

“Medical Marijuana Regulation and Safety Act” shall refer to Cal. Bus. & Prof. Code Chapter 3.5, commencing with § 19300 et seq.

“Mobile marijuana dispensaries” means any dispensary, clinic, cooperative, association, club, business or group which transports or delivers, or arranges the transportation or delivery, of medical cannabis to a person.

“Person” means any individual, firm, corporation, association, club, society, or other organization. The term “person” shall include any owner, manager, proprietor, employee, volunteer, or salesperson.

“Primary caregiver” shall have the same definition as Cal. Health & Saf. Code § 11362.7, as may be amended.

“Qualified patient” shall have the same definition as Cal. Health & Saf. Code § 3362.7, as may be amended, and which means a person who is entitled to the protections of Cal. Health & Saf. Code § 11362.5. For the purposes of this chapter, “qualified patient” shall include a person with an identification card, as that term is defined by Cal. Health & Saf. Code § 11362.7 et seq. (Ord. 716 § 1, 2016)

18.73.020 Prohibition.

A. Commercial cannabis activities of all types are expressly prohibited in all zones within the city’s jurisdictional limits. No person shall establish, operate, conduct, or allow a dispensary or commercial cannabis activity anywhere within the city.

B. Mobile marijuana dispensaries are prohibited in all zones within the city’s jurisdictional limits. No person shall:

1. Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the operation of any mobile marijuana dispensary within the city;

2. Deliver marijuana to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose; or

3. Deliver any medical cannabis product, including, but not limited to, tinctures, baked goods, or other consumable products, to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose.

C. This section is meant to prohibit all activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a state license is required under the Medical Marijuana Regulation and Safety Act.

D. Marijuana cultivation by any person or entity, including clinics, collectives, cooperatives and dispensaries, is prohibited in all zones within the city’s jurisdictional limits. No permit, whether conditional or otherwise, shall be issued for the establishment of such activity. No person, including a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the city, even for medicinal purposes, except where the city is preempted by federal or state law from enacting a prohibition on such activity. (Ord. 716 § 1, 2016)

18.73.030 Public nuisance.

Any use or condition caused, or permitted to exist, in violation of any provision of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Cal. Civ. Proc. Code § 731 or any other remedy available to the city. (Ord. 716 § 1, 2016)