IV. Offenses Against Public Peace

Chapter 9.13
MEDICAL MARIJUANA DISPENSARIES

Sections:

9.13.010    Definitions.

9.13.020    Operation of medical marijuana dispensaries prohibited.

9.13.030    Penalty for violation.

9.13.040    Public nuisance.

9.13.010 Definitions.

“Medical marijuana dispensary” shall mean any facility or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides marijuana to two or more persons with identification cards or qualified patients, as defined in California Health and Safety Code Section 11362.5 et seq., or any facility where qualified patients, persons with identification cards and primary caregivers meet or congregate collectively and cooperatively to cultivate or distribute marijuana for medical purposes under the purported authority of California Health and Safety Code Section 11362.5 et seq.

“Medical marijuana dispensary” shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:

A. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

B. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

C. 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.

D. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

E. A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. 1838, Added, 04/12/2011)

9.13.020 Operation of medical marijuana dispensaries prohibited.

Medical marijuana dispensaries, as defined in this chapter, are prohibited uses in the City of Vacaville and no permit, license or entitlement may be issued therefor. This prohibition shall apply regardless of the professed status of any person as a qualified patient or primary caregiver as those terms are defined by state law.

(Ord. 1838, Added, 04/12/2011)

9.13.030 Penalty for violation.

A. Any person found to be in violation of any provision of this chapter shall not be subject to the criminal enforcement remedies set forth in Title 1 of this code, but shall be subject to each and every civil or administrative remedy available under federal, state or local law, including, but not limited to, administrative costs and penalties under Chapter 1.28 of this code.

B. Each violation of this chapter and each day of violation of this chapter shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in subsection A of this section for each and every separate violation and each and every day of violation.

(Ord. 1838, Added, 04/12/2011)

9.13.040 Public nuisance.

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in Chapter 8.10 of this code.

(Ord. 1838, Added, 04/12/2011)