(A) Medical marijuana dispensaries prohibited. The establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted use in any zoning district, even if located within an otherwise permitted use. No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana dispensary shall be approved by the County of San Benito or any officer or employee thereof.
(B) Definitions. The following definitions are used in this section.
(1) MARIJUANA DISPENSARY means any of the following:
(a) Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where any person(s) (including, but not limited to, any “primary caregiver(s),” “qualified patient(s)” or “person(s) with an identification card”) makes available, sells, gives, distributes, or otherwise provides marijuana to any two or more other persons (including, but not limited to, any “primary caregiver(s),” “qualified patient(s)” or “person(s) with an identification card”) pursuant to Cal. Health and Safety Code §§ 11362.5 et seq. and/or §§ 31362.7 et seq. or otherwise; or
(b) Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate to make available, sell, give away, distribute, or otherwise provide marijuana for medicinal or other purposes. MARIJUANA DISPENSARY includes medicinal marijuana “cooperatives,” “collectives,” and/or “clubs.”
(2) MARIJUANA DISPENSARY shall not include the following uses, as long as the location of such uses is otherwise regulated by the County Code and provided that any such use complies strictly with applicable law including, but not limited to, Cal. Health and Safety Code §§ 11362.5 et seq. and §§ 11362.7 et seq. and the County Code, including, but not limited, to the zoning code (Title 25 of the County Code).
(a) A clinic licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 1;
(b) A health care facility licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 2;
(c) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 3.01;
(d) A residential care facility for the elderly licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 3.2;
(e) A residential hospice or a home health agency licensed pursuant to Cal. Health and Safety Code Division 2, Chapter 8;
(3) The terms PRIMARY CAREGIVER, QUALIFIED PATIENT, PERSON WITH AN IDENTIFICATION CARD, COOPERATIVE, and COLLECTIVE shall be as defined in Proposition 215 (Cal. Health and Safety Code § 11362.5) and Senate Bill 420 (Cal. Health and Safety Code §§ 11362.7 et seq.).
(4) The word MARIJUANA shall have the same meaning as that set forth in Cal. Health and Safety Code § 11018.
(5) The term MEDICAL MARIJUANA is marijuana used for medicinal purposes in strict accordance with Cal. Health and Safety Code §§ 11362.5 and §§ 11362.7 et seq.
(C) Right to possess, use or cultivate marijuana. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as it is presently authorized by the laws of the State of California as set forth in the Cal. Health and Safety Code, Cal. Penal Code, or other state law, or by any federal law.
(D) Conflicting laws. To the extent that there is any conflict between the provisions of this article and the provisions of any other county code, ordinance, resolution, or policy, the provisions of this article shall prevail.
(Ord. 1043 § 3 (part), 2022)