Chapter 9.31
MEDICAL MARIJUANA DISPENSARIES

Sections:

9.31.010    Purpose and authority.

9.31.020    Definitions.

9.31.030    Dispensaries prohibited.

9.31.035    Medical marijuana delivery prohibited.

9.31.040    Punishment.

9.31.010 Purpose and authority.

The City Council of the City of Elk Grove finds that Federal and State laws prohibiting the possession, sale and distribution of marijuana would preclude the opening or establishment of medical marijuana dispensaries, or medical marijuana delivery service, sanctioned by the City of Elk Grove, and in order to serve public health, safety and welfare of the residents and businesses within the City, the declared purpose of this chapter is to prohibit medical marijuana dispensaries from being opened or established within the City of Elk Grove, and to prohibit the delivery of medical marijuana within the City of Elk Grove. Nothing contained 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. 9-2016 §3, eff. 6-10-2016; Ord. 19-2010 §1, eff. 10-8-2010]

9.31.020 Definitions.

When used in this chapter, the following words shall have the meanings ascribed to them in this section:

A. “Identification card” means a document issued by the State Department of Health Services which identifies a person authorized to engage in the medical use of marijuana and the person’s designated primary caregiver, if any.

B. “Medical marijuana,” “medical cannabis,” “medical cannabis product,” or “cannabis product” means marijuana authorized in strict compliance with and as set forth in California Health and Safety Code Section 11362.5 et seq. used for medical purposes where the medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other serious medical condition for which marijuana is deemed to provide relief and includes any product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code.

C. “Medical marijuana dispensary” means any facility or location where medical marijuana is made available to, distributed by, or distributed to one (1) or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. All three (3) of these terms are identified in strict accord with California Health and Safety Code Section 11362.5 et seq. A medical marijuana dispensary shall not include the following uses, as long as the location of such use is otherwise in accord with this code and other applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. “Medical marijuana dispensary” shall include 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 or in exchange for contribution of money or other resources, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale or in exchange for contribution of money or other resources.

D. “Person with an identification card” shall have the meaning given that term by Health and Safety Code Section 11362.7.

E. “Primary caregiver” shall have the meaning given that term by Health and Safety Code Section 11362.7.

F. “Qualified patient” shall have the meaning given that term by Health and Safety Code Section 11362.7, but who does not have an identification card issued by the State Department of Health Services.

G. “Delivery” means the commercial transfer of medical cannabis or medical cannabis products from a dispensary to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, or to a testing laboratory. “Delivery” also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products. [Ord. 9-2016 §3, eff. 6-10-2016; Ord. 19-2010 §1, eff. 10-8-2010]

9.31.030 Dispensaries prohibited.

Medical marijuana dispensaries are prohibited and it shall be unlawful for any person to operate or permit to be operated a medical marijuana dispensary in or upon any premises in the City. [Ord. 19-2010 §1, eff. 10-8-2010]

9.31.035 Medical marijuana delivery prohibited.

Delivery of medical marijuana, medical cannabis, medical cannabis product, or cannabis product within the City is prohibited, and it shall be unlawful for any person to deliver medical marijuana, as specified herein and in California Business and Professions Code Section 19340, within the City. [Ord. 9-2016 §3, eff. 6-10-2016]

9.31.040 Punishment.

Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Chapters 1.04 and 16.18. Additionally, any person who violates this chapter shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 19-2010 §1, eff. 10-8-2010]