Daly City Municipal Code Ch. 8.62 Medical Marijuana Distribution Facilities

"Medical marijuana distribution facility" is any facility or location, whether fixed or mobile, engaging in the retail sale, dispensation, or distribution of marijuana for medical purposes under the purported authority of California Health and Safety Code Section 11362.5 et seq.

"Medical marijuana distribution facility" 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:

1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code.

2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

3. 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.

4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

5. A hospice or home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. No. 1361, § 2, 4-9-2012)

Medical marijuana distribution facilities, as defined in this chapter, are prohibited in the City of Daly City, unless or until this chapter is amended by an ordinance adopted by the city council. No medical marijuana distribution facility shall operate, locate, or otherwise be permitted within the City of Daly City, unless such amendments are adopted by the city council and become effective.

(Ord. No. 1361, § 2, 4-9-2012)

Any person found to be in violation of any provision of this chapter shall be subject to enforcement remedies as set forth in Title 1, at the discretion of the city attorney, including, but not limited to, prosecution as a misdemeanor violation punishable as set forth in Chapter 1.12 of this code. In addition, the city may enforce the violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction, or by any other means authorized by law.

(Ord. No. 1361, § 2, 4-9-2012)