Chapter 9.102
MEDICAL MARIJUANA DISPENSARIES

Sections:

9.102.010    Findings and purpose.

9.102.020    Definitions.

9.102.030    Medical marijuana dispensaries prohibited.

9.102.040    Penalty.

9.102.010 Findings and purpose.

A. In enacting this chapter, it is the intent of the city council of Rancho Cordova to protect the safety and welfare of the general public.

B. The city council finds that medical marijuana dispensaries are public nuisances in that many violent crimes have been committed that can be traced back to the proliferation of marijuana dispensaries, including armed robberies and murders. Increased noise and pedestrian traffic, including nonresidents in pursuit of marijuana, and out of area criminals in search of victims, are commonly encountered just outside marijuana collectives, cooperatives and dispensaries.

C. Allowing medical marijuana collectives, cooperatives and dispensaries would be inconsistent with the city of Rancho Cordova’s city-wide goals, which include: “Foster a Positive Image of Rancho Cordova,” “Ensure a Safe Community,” and “Foster Responsible Citizenship.” Therefore, in order to protect the integrity of the city and the goals upon which this city was founded, the city council finds that it is in the best interest of the residents of the city to prohibit marijuana dispensaries.

D. It is the stated purpose of this chapter to prohibit medical marijuana dispensaries from being opened or established in the city of Rancho Cordova. Nothing 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. 16-2013 § 2; Ord. 15-2013 § 4].

9.102.020 Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases hereinafter shall have the meaning given them in this section.

A. “Medical marijuana” means marijuana used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5) and the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.).

B. “Medical marijuana dispensary” or “dispensary” means: (1) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to two or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure, delivery service, vehicle or location, whether fixed or mobile, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq. and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General Guidelines. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.

For purposes of this chapter, a “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the California 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 California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5 et seq.

C. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character. [Ord. 16-2013 § 2; Ord. 15-2013 § 4].

9.102.030 Medical marijuana dispensaries prohibited.

Medical marijuana dispensaries are prohibited in the city of Rancho Cordova. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city of Rancho Cordova, the operation of a medical marijuana dispensary. [Ord. 16-2013 § 2; Ord. 15-2013 § 4].

9.102.040 Penalty.

A. Violation of this chapter is a public nuisance and shall be a misdemeanor.

B. Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, for violations of this chapter. Such additional remedies include, but are not limited to, injunctive relief, administrative citations, or a cause of action under the California Narcotics Nuisance Abatement Act (Health and Safety Code Section 11570). [Ord. 16-2013 § 2; Ord. 15-2013 § 4].