Chapter 9.100
MEDICAL MARIJUANA DISPENSARIES DECLARATION OF NUISANCE

Sections:

9.100.010    Purpose.

9.100.020    Medical marijuana dispensary defined.

9.100.030    Declaration of nuisance.

9.100.010 Purpose.

The purpose of this chapter is to declare that the establishment and operation of medical marijuana dispensaries, as defined herein, shall constitute an unlawful use and a public nuisance within the city of Cerritos. (Ord. 959 § 1 (part), 2011)

9.100.020 Medical marijuana dispensary defined.

(a) “Medical marijuana dispensary” means any business, facility, or location, whether fixed or mobile, where medical marijuana is made available to or distributed by or distributed to one or more of the following: a primary caregiver, a qualified patient, or a patient with an identification card as those terms are defined in Health and Safety Code Section 11362.5 et seq.

(b) “Medical marijuana dispensary” shall not include the following uses, as long as medical marijuana is distributed within the scope of the licensed use and the location of such use is otherwise regulated by this code or applicable federal or state law, including Health and Safety Code Section 11362.5 et seq.:

(1) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;

(2) A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

(3) A facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;

(4) A residential care facility for persons with chronic life threatening illness, licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;

(5) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or

(6) A residential hospice, or home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. (Ord. 959 § 1 (part), 2011)

9.100.030 Declaration of nuisance.

It is unlawful and it shall be a public nuisance to establish, maintain, or operate a medical marijuana dispensary, as defined in Section 9.100.020, in the city of Cerritos. (Ord. 959 § 1 (part), 2011)