shall have the same meaning as set forth in Business and
Professions Code Section 13900.5(m).
shall have the same meaning as set forth in Business and
Professions Code Section 13900(p).
means any or all parts of the plant Cannabis sativa Linnaeus,
Cannabis indica, or Cannabis ruderalis, whether growing or not; the
seeds thereof; the resin or separated resin, whether crude or purified,
extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds
or resin, including marijuana infused in foodstuff or other ingestible
or consumable product containing marijuana. The term “marijuana”
shall also include “medical marijuana” as such phrase
is used in the August 2008 Guidelines for the Security and Non-Diversion
of Marijuana Grown for Medical Use, as may be amended from time to
time, that was issued by the office of the Attorney General for the
state of California or subject to the provisions of California Health
and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or
the California Health and Safety Code Sections 11362.7 to 11362.83
(Medical Marijuana Program Act).
means growing, planting, harvesting, drying, curing, grading,
trimming, or processing of marijuana. Marijuana cultivation includes
indoor and outdoor activity.
means any method used to prepare marijuana or its byproducts
for commercial retail and/or wholesale, including, but not limited
to: drying, cleaning, curing, trimming, packaging, testing, and extraction
of active ingredients to create marijuana related products and concentrates.
means a product containing cannabis, including, but not limited
to, concentrates and extractions, intended to be sold for use by medical
cannabis patients in California pursuant to the Compassionate Use
Act of 1996 (Health and Safety Code Section 11362.5)
means any association, business, office, facility, use, establishment
or location, retail storefront, provider or wholesale component of
any establishment, cooperative or collective that delivers (as defined
in Business and Professions Code Section 19300.5(m) or any successor
statute) whether mobile or otherwise, dispenses, distributes, exchanges,
transmits, transports, sells or provides marijuana to any person for
any reason, including members of any medical marijuana cooperative
or collective consistent with the August 2008 Guidelines for the Security
and NonDiversion of Marijuana Grown for Medical Use, as may be amended
from time to time, that was issued by the Office of the Attorney General
for the State of California, or for the purposes set forth in California
Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996)
or California Health and Safety Code Sections 11362.7 to 11362.83
(Medical Marijuana Program Act).
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 application law: a clinic licensed pursuant
to Chapter 1 of Division 2 of the Health and Safety Code, a healthcare
facility licensed pursuant to Chapter 2 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 use complies strictly with
applicable law including, but not limited to, Health and Safety Code
Section 11362.5 et seq. The foregoing exceptions notwithstanding,
cultivation for any purpose shall not be permitted in the city.
(Ord. 5745, § 4, 8-9-2011; Ord. 5868 § 2,
2016)
A.
A medical
marijuana dispensary or marijuana dispensary is prohibited in the
city.
B.
Marijuana
cultivation, marijuana processing, and delivery or distribution of
marijuana or medical cannabis products are prohibited activities in
the city, except where the city is preempted by federal or state law
from enacting a prohibition on any such activity or is preempted by
federal or state law from enforcing any of these prohibitions.
C.
No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities described in subsections A and B above in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
(Ord. 5745, § 3, 8-9-2011; Ord. 5868 § 2,
2016)
