California
Health and Safety Code Article 2.5 (Medical Marijuana
Program) Section 11362.83 states, "Nothing in this article shall prevent
a city or other local governing body from adopting and enforcing laws
consistent with this article."
California
Health and Safety Code Article 2.5 Section 11362.2(a)
states, "A city may enact and enforce reasonable regulations of the
personal cultivation of marijuana plants kept within a person's private
residence, or upon the grounds of that private residence (e.g., in
an outdoor garden area), that are located in a locked space, and are
not visible by normal unaided vision from a public place but may not
completely prohibit persons engaging in planting, cultivating, harvesting,
drying, and processing not more than six marijuana plants inside a
private residence, or inside an accessory structure to a private residence
located upon the grounds of a private residence that is fully enclosed
and secure.
(Ord. 2004 § 2, 2016; Ord. 2014 § 2, 2017)
The following words and phrases shall, for the purposes of this
chapter, have the meanings respectively ascribed to them by this section,
as follows:
"Cultivation"
means the planting, growing, harvesting, drying, curing,
grading, trimming, and processing of marijuana plants.
"Marijuana dispensary"
means any facility or location, whether fixed or mobile,
where marijuana or marijuana-infused products such as tinctures, baked
goods, or other consumable products are cultivated, manufactured,
processed, or by any means transported or delivered, or arranged to
be transported or delivered, made available to or distributed by or
distributed to a person.
"Operation"
means any effort to locate, operate, own, lease, supply,
allow to be operated, or aid, abet or assist in the operation of a
marijuana dispensary.
"Person"
means any qualified patient or primary caregiver of qualified
patients pursuant to
Health and Safety Code Section 11362.5, firm,
corporation, association, club, society, or other organization. The
term person shall include any owner, manager, proprietor, employee,
volunteer or salesperson.
(Ord. 2004 § 2, 2016; Ord. 2014 § 2, 2017)
Marijuana dispensaries are prohibited in the city of Glendora.
No person shall locate, operate, own, allow to be operated or aide,
abet or assist in the operation of any marijuana dispensary within
the city.
(Ord. 2004 § 2, 2016)
(a) Operation
of any marijuana dispensary within the city in violation of the provisions
of this chapter is hereby declared a public nuisance and shall be
abated pursuant to all available remedies.
(b) Any
marijuana cultivation that does not comply with the restrictions,
standards, and requirements set forth herein shall be declared a public
nuisance and shall be abated pursuant to all available remedies.
(Ord. 2004 § 2, 2016; Ord. 2014 § 2, 2017)
Violations of this chapter may be enforced by any applicable
law. Notwithstanding any other provision of the code, a violation
of this chapter is not subject to criminal penalties.
(Ord. 2004 § 2, 2016)