The purpose of this article is to establish the permitted siting and operation of medical marijuana businesses, as defined in this article, in the City.
(§ 2, Ord. 874-NS, eff. October 19, 2011, as amended by § 3, Ord. 2016-945, eff. April 15, 2016)
means any facility used for cultivating, warehousing, storing, processing and/or manufacturing more than 48 ounces of dried marijuana, and/or cultivating or storing medical marijuana in an area greater than 50 square feet of total area within one parcel of land. Any establishment engaged in, permitted to be engaged in or carrying on any medical marijuana cultivation, processing, or manufacturing or other activity mentioned in this article shall be deemed a cultivation and manufacturing facility.
shall have the same definition as set forth in California Health and Safety Code Section 11018. Marijuana shall also include any marijuana-infused product and any product manufactured from marijuana.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
means a medical marijuana dispensary, cultivation and manufacturing facility, or joint dispensary and cultivation and manufacturing facility.
means any association, cooperative, affiliation, or collective of persons that offers medical marijuana or medical marijuana products, either individually or in any combination, for retail sale, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale. A dispensary shall not include dispensing by primary caregivers to qualified patients in the following locations, so long as the location of the clinic, health care facility, hospice, or residential care facility is otherwise permitted by the Municipal Code or by applicable State laws:
A clinic licensed pursuant to Chapter 1 of Division 2 of the State Health and Safety Code;
A health care facility licensed pursuant to Chapter 2 of Division 2 of the State 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 State Health and Safety Code;
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the State Health and Safety Code;
A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the State Health and Safety Code; provided that any such clinic, health care facility, hospice or residential care facility complies with applicable laws, including, but not limited to, Health and Safety Code Section 11362.5.
means any individual, firm, corporation, partnership, association, club, society, cooperative, or other organization. The term "person" shall also include any owner, manager, proprietor, employee, volunteer, salesperson, or other individual responsible for any degree of operation.
shall have the same definition as California Health and Safety Code Section 11362.7, and as may be amended, and which defines "primary caregiver" as an individual designated by a qualified patient or by a person with an identification card who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:
In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the California Health and Safety Code; a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the California Health and Safety Code; the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card.
An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.
An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.
shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5. For purposes of this article, qualified patient shall include a person with an identification card, as that term is defined by California Health and Safety Code Section 11362.7 et seq.
(§ 2, Ord. 874-NS, eff. October 19, 2011, as amended by § 1, Ord. 936-NS, eff. March 4, 2015, and § 3, Ord. 2016-945, eff. April 15, 2016)
Any person intending to operate a medical marijuana business within the City shall comply with this article in its entirety. Additionally, any person intending to operate a medical marijuana business within the City shall also comply with Article 24 of Title 3, Chapter 1, of this Code.
(§ 3, Ord. 2016-945, eff. April 15, 2016)
Medical marijuana businesses shall only be in permitted in Industrial/Manufacturing Planned Development ("MPD") Zones of the City of Huntington Park; provided, however, that no vested or other right shall inure to the benefit of any person.
(§ 2, Ord. 874-NS, eff. October 19, 2011, as amended by § 2, Ord. 936-NS, eff. March 4, 2015, and § 3, Ord. 2016-945, eff. April 15, 2016)
Any use or condition caused, or permitted to exist, in violation of any provision of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances, including, but not limited to, the remedies provided for in Section 9-2.2407 of this Code.
(§ 2, Ord. 874-NS, eff. October 19, 2011, as amended by § 3, Ord. 2016-945, eff. April 15, 2016)