is any facility or location, whether fixed or mobile, where
a primary caregiver makes available, sells, transmits, gives or otherwise
provides marijuana to two or more persons with identification cards
or qualified patients, as defined in California Health and Safety
Code Section 11362.5 et seq., or any facility where qualified patients,
persons with identification cards and primary caregivers meet or congregate
collectively and cooperatively to cultivate or distribute marijuana
for medical purposes under the purported authority of California Health
and Safety Code Section 11362.5 et seq.
shall not include the following uses, so long as such uses
comply with this code, Health and Safety Code Section 11362.5 et seq.,
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
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; or
A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
(Ord. 706 § 1, 2011)
Medical marijuana distribution facilities, as defined in this
chapter, are prohibited uses in the city of Loma Linda.
(Ord. 706 § 1, 2011)
A.
Any person found to be in violation of any provision of this chapter shall not be subject to the criminal enforcement remedies set forth in Title 1, but shall be subject to civil, administrative and injunctive remedies as set forth in this code or as otherwise provided by law.
B.
Each violation of this chapter and each day of violation of this chapter shall be considered as separate and distinct violations thereof and the imposition of a penalty shall be as set forth in subsection A of this section for each and every separate violation and each and every day of violation.
(Ord. 706 § 1, 2011)
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in Chapter 8.04.
(Ord. 706 § 1, 2011)
