Chapter 9.28
PROHIBITIONS AGAINST MEDICAL MARIJUANA DISPENSARIES AND OTHER SIMILAR USES

Sections:

9.28.010    Purpose and intent.

9.28.020    Prohibition against medical marijuana dispensaries and other similar uses.

9.28.030    Definitions.

9.28.040    Violation—Penalty.

9.28.010 Purpose and intent.

A.    On June 6, 2005, under Gonzalez v. Raich, the Supreme Court held that it is unlawful under federal law for any person to cultivate, possess, or use marijuana for personal medical use on the advice of a physician.

B.    This chapter seeks to be in compliance with federal law and thereby prohibits the establishment, management, or solicitation of medical marijuana dispensaries and other similar uses.

C.    The city seeks to eliminate all related negative and harmful secondary impacts caused by medical marijuana dispensaries and other similar uses. (Ord. 07-06 § 2 (part))

9.28.020 Prohibition against medical marijuana dispensaries and other similar uses.

It shall be unlawful for any person to open, operate, manage, or be employed by, or conduct business with a medical marijuana dispensary and other similar uses. (Ord. 07-06 § 2 (part))

9.28.030 Definitions.

“Marijuana” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination.

“Medical marijuana dispensary” means any association, cooperative, club, co-op, delivery service, collective, and any other similar use involved in the sale, possession, cultivation, use, and/or distribution of marijuana for medicinal purposes. (Ord. 07-06 § 2 (part))

9.28.040 Violation—Penalty.

Any person who violates this chapter is guilty of violating federal law and shall be prosecuted to the fullest extent possible. (Ord. 07-06 § 2 (part))