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Violations of this chapter may be enforced by any applicable law; provided, however, that a person who is in full compliance with the Compassionate Use Act 1 ("CUA") and the Medical Marijuana Program Act 2 ("MMPA") shall not be subject to criminal penalties and nothing in this chapter is intended, nor shall it be construed, to conflict with or burden any defense to criminal prosecution under the CUA and the MMPA. Notwithstanding the foregoing and in addition to the specific prohibitions set forth in this Code, this chapter is intended to prohibit all activities for which a license from the State of California is required and for which an exemption is granted under the Medical Marijuana Regulation and Safety Act (stats. 2015, c. 689 (AB 266); stats. 2015, c. 688 (AB 243); stats. 2015, c. 719 (SB 643)) ("MMRSA"). Accordingly, the City shall not issue any permit, license, approval or other entitlement for any activity for which a license from the State of California is required or for which an exemption is granted under the MMRSA. Notwithstanding the foregoing, nothing in this chapter is intended or shall be interpreted as limiting the City's rights under all applicable laws, rules and regulations, including, but not limited to, its police powers and applicable case law, to regulate the storage, cultivation, selling, delivery or other distribution or dispensing of marijuana or marijuana-related products. (Ord. 2851, 2017)
1. HSC § 11362.5.
2. HSC § 11362.7 et seq.