MARIJUANA or DISPENSARY. Any facility or location, whether fixed or mobile, where marijuana is made available to or distributed by or distributed to any individual.
MEDICAL MARIJUANA DISPENSARY. Any 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. All three terms are identified in strict accordance with Cal. Health and Safety Code §§ 11362.4 et seq. A MEDICAL MARIJUANA DISPENSARY shall not include the following uses, as long as the location of such uses is otherwise regulated by this Code or applicable law: A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a 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 illness 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 residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such uses complies strictly with applicable law, including but not limited to, Health and Safety Code section 11362.5 et seq.
(Ord. 2011-93, passed 7-7-2011; Am. Ord. 2017-230, passed 12-20-2017)
Marijuana dispensaries and medical marijuana dispensaries as defined in § 5.50.010 are prohibited within the city. No permit of any kind, including but not limited to a conditional use permit, a building permit or business license, shall be issued to any person or entity seeking to establish such a dispensary. Notwithstanding, this chapter shall in no way limit the right to possess, use or cultivate marijuana for medicinal or recreational purposes as authorized by the laws of the State of California as set forth in the Health and Safety Code, as those may be amended from time to time.
(Ord. 2011-93, passed 7-7-2011; Am. Ord. 2017-230, passed 12-20-2017)