Chapter 8.32
MEDICAL MARIJUANA DISPENSARIES
Sections:
8.32.020 Relationship to other laws.
8.32.040 Medical marijuana dispensaries prohibited.
8.32.050 Establishment or maintenance of medical marijuana dispensaries declared a public nuisance.
8.32.060 Penalties for violation.
8.32.010 Purpose.
The purpose of this chapter is to prohibit medical marijuana dispensaries from locating in the City of Healdsburg. The City Council may adopt by resolution any regulations or policies that will further the purpose of this chapter, and that do not conflict with the provisions herein. (Ord. 1058 § 2, 2007.)
8.32.020 Relationship to other laws.
This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to, apply to any activity that is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the City Council that this chapter shall be interpreted to be compatible with federal, county, and state enactments, and in furtherance of the public purposes which those enactments express. Nothing in this chapter is intended to supersede any other provisions of this code. (Ord. 1058 § 2, 2007.)
8.32.030 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.
“City” means the City of Healdsburg.
“Compassionate Use Act of 1996” means California Health and Safety Code Sections 11362.5 and 11362.7, et seq., as those sections are amended from time to time, including, without limitation, those amendments contained in SB 420.
“Medical marijuana dispensary” means any facility or location where medical marijuana is made available to and/or distributed by or to two or more of the following: a qualified patient, a person with an identification card, and/or a primary caregiver. A “medical marijuana dispensary” shall not include qualified patients, persons with an identification card and/or primary caregivers who associate within the state of California in order to collectively or cooperatively cultivate marijuana for medical purposes. A “medical marijuana dispensary” shall also not include any place or facility that is otherwise permitted or licensed by applicable laws to make marijuana available to qualified patients, persons with identification cards and/or primary caregivers. A primary caregiver of a qualified patient or person with an identification card may deliver, administer or provide medical marijuana at the primary residence of the qualified patient or person with an identification card without violating this chapter.
“Person with an identification card” shall have the same meaning as defined in California Health and Safety Code Sections 11362.5 and 11362.7, et seq., as those sections are amended from time to time.
“Primary caregiver” shall have the same meaning as defined in California Health and Safety Code Sections 11362.5 and 11362.7, et seq., as those sections are amended from time to time.
“Qualified patient” means a person who is entitled to use medical marijuana pursuant to California Health and Safety Code Sections 11362.5 and 11362.7, et seq., as those sections are amended from time to time. (Ord. 1058 § 2, 2007.)
8.32.040 Medical marijuana dispensaries prohibited.
The establishment and/or operation of medical marijuana dispensaries shall be prohibited in all areas of the City of Healdsburg. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment or operation of a medical marijuana dispensary within the City limits of the City of Healdsburg. (Ord. 1058 § 2, 2007.)
8.32.050 Establishment or maintenance of medical marijuana dispensaries declared a public nuisance.
The establishment, maintenance, or operation of a medical marijuana dispensary as defined in this chapter within the City limits of the City of Healdsburg is declared to be a public nuisance. (Ord. 1058 § 2, 2007.)
8.32.060 Penalties for violation.
A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. In the event any civil suit or action is brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the City for the City’s costs of the suit, including, but not limited to, attorneys’ fees, expert fees, and other costs of the suit.
B. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance pursuant to Chapter 1.12 HMC as that chapter may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense or by a civil court action, prosecuted by the City attorney in the name of the City or in the name of the people of the state of California, by seeking the appointment of a receiver, or in any other manner provided by law. (Ord. 1058 § 2, 2007.)