Coalinga Municipal Code Ch. 15 Medical Marijuana

It is the purpose and intent of this chapter to promote the health, safety and general welfare of the residents and businesses within the City by regulating the cultivation, distribution, and consumption of medical marijuana.

(Ord. No. 758, § 2, eff. 7-3-2010)

For purposes of this chapter, the following definitions shall apply:

(a) "Medical Marijuana": Is defined in strict accordance with California Health and Safety Code sections 11018, 11362.5, and 11362.7 et seq.

(b) "Cultivation of medical marijuana": The growing of medical marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.

(c) "Collective or cooperative cultivation": The association within California of qualified patients, persons with valid identification cards, and designated primary care givers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code sections 11362.5 and 11362.7 et seq.

(d) "Medical marijuana dispensary": Any facility or location, whether fixed or mobile, and any building or structure, where medical marijuana is made available to, distributed by, or distributed to more than two (2) of the following: A qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code Section 11362.5 and 11362.7 et seq. Unless otherwise regulated by this Code or applicable law, a "medical marijuana dispensary" shall not include the following uses: 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, 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 any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5 and 11362.7 et seq.

(Ord. No. 758, § 2, eff. 7-3-2010)

To the extent that the City is required to allow the personal cultivation of medical marijuana under State law, the regulations set forth herein shall apply.

A. Secure enclosed structure. The cultivation of medical marijuana shall at all times occur in a secure, locked, opaque and fully enclosed structure, including a ceiling, roof or top.

B. Patient cultivation. For qualified patients and persons with identification cards, the following shall apply:

1. Personal cultivation is limited to residentially zoned parcels. No personal cultivation is allowed in any commercially zoned area.

2. Change the maximum amount of personal use cultivation from patient needs with no limit to a six-plant limit per residential parcel or apartment unit for Coalinga residents only.

3. Require that the cultivation occur in an area with a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence/structure and designed to prevent mold and moisture.

C. Collective caregiver or cooperative cultivation. The collective, caregiver, or cooperative cultivation of marijuana is a prohibited use in all zone districts of the City.

D. Marijuana extraction. The use of volatile or flammable chemicals to extract THC/CBD oils by individuals to satisfy personal medical needs are prohibited.

E. Proposition 64. If the voters of the State of California pass Proposition 64 (Adult Use of Marijuana Act) in November of 2016, the Ordinance restrictions listed in this section will be applicable to the recreational use of Marijuana as allowed by state law.

F. Violation. Persons found in violation of this section will be subject to a misdemeanor charge punishable by a one thousand dollar-fine per plant over the six-plant limit and forfeiture of all plants in excess of the six-plant limit.

(Ord. No. 790, eff. 10-15-2016)

Editor's note— Ord. No. 790, effective Oct. 15, 2016, amended § 5-15.03 in its entirety to read as herein set out. Former § 5-15.03 pertained to regulations applicable to the cultivation of medical marijuana and derived from Ord. No. 758, § 2, eff. July 3, 2010.

Medical marijuana dispensaries as defined in Section 5-15.02 are prohibited in the City of Coalinga.

(Ord. No. 758, § 2, eff. 7-3-2010)

No person shall smoke, ingest, or otherwise consume medical marijuana in the City of Coalinga unless such smoking, ingesting or consumption occurs entirely within a private residence, or within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health and Safety Code.

(Ord. No. 758, § 2, eff. 7-3-2010)

Violations of this chapter shall be considered misdemeanors and are punishable in accordance with Chapter 4, of Title 1, of the Coalinga Municipal Code. Each and every day, or portion thereof, a violation exists is a separate offense. The City may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.

Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this chapter unlawful, the City intends that the misdemeanor provision be severable from the remaining penalty provisions and the City will only pursue noncriminal remedies for violations of this chapter.

(Ord. No. 758, § 2, eff. 7-3-2010)

Notwithstanding anything to the contrary in this chapter, Commercial Marijuana Operations may occur as allowed by the applicable zoning and pursuant to Title 9, Chapter 5, Article 1, Standards for Specific Uses and Activities, Section 9-5.128 Marijuana Cultivation, Manufacturing, Testing, Transportation and Distribution.

(Ord. No. 797, § 2, eff. 12-3-2016)