Fillmore Municipal Code Ch. 7.40 Mobile Marijuana Dispensaries and Delivery—prohibited

Footnotes:

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Editor's note— Retitled from "Mobile Medical Marijuana Dispensaries and Delivery—Prohibited" by Ord. No. 17-873, § 5, adopted 11-16-2016.

It is the purpose and intent of this chapter to prohibit mobile marijuana dispensaries and marijuana delivery within the city and to preclude businesses engaging in such activities from procuring a business license from the city, except to the extent required by state law and as specifically authorized in Section 6.04.16 of this Code.

(Ord. No. 16-857, § 5, 6-14-2016; Ord. No. 17-873, § 5, 11-16-2016; Ord. No. 25-976, § 9, 3-25-2025)

For purposes of this chapter, the following words and phrases shall have the following meanings:

A. "Delivery" means the commercial delivery, transfer or transport, or arranging for the delivery, transfer or transport, or the use of any technology platform to arrange for or facilitate the commercial delivery, transfer or transport of marijuana, marijuana edibles, or any marijuana products to or from any location within the city.

B. "Marijuana" has the same definition as provided for in Business & Professions Code section 19300.5(f) for the term "cannabis," as may be amended, defined as "all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the 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. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

C. "Marijuana dispensary" or "marijuana dispensaries" means any for profit or not-for-profit cooperative, collective, facility, operator, establishment, provider, association or similar entity that cultivates, distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away marijuana in the city for any purpose, whether for medical, personal, or any other use.

D. "Mobile marijuana dispensary" means any person, clinic, cooperative, club, business, group or other entity which transports or delivers, or arranges the transportation or delivery, of marijuana to a person.

E. "Person" means any individual, firm, corporation, association, club, society, or other organization or entity, including but not limited to any owner, manager, proprietor, employee, volunteer, salesperson or agent thereof.

F. "Operate" or "operation" means to locate, own, lease, supply, allow to be operated or aid, abet, or assist in the operation of a mobile marijuana dispensary, and shall include any attempt to do so.

(Ord. No. 16-857, § 5, 6-14-2016; Ord. No. 17-873, § 5, 11-16-2016)

Mobile marijuana dispensaries are prohibited in the city. No person shall operate any mobile marijuana dispensary within the city.

(Ord. No. 16-857, § 5, 6-14-2016; Ord. No. 17-873, § 5, 11-16-2016)

A. No person shall deliver marijuana to any location within the city from a marijuana dispensary or mobile marijuana dispensary, regardless of where the medical marijuana dispensary or mobile marijuana dispensary is located or headquartered, or engage in any operation for this purpose.

B. No person shall deliver any marijuana-infused product such as tinctures, baked goods, or other consumable products, to any location within the city from a mobile marijuana dispensary, regardless of where the marijuana dispensary or mobile marijuana dispensary is located, or engage in any operation for this purpose.

C. The section shall not be construed to prohibit delivery of medical cannabis to the extent required by state law and as specifically authorized in Section 6.04.16 of this Code.

(Ord. No. 16-857, § 5, 6-14-2016; Ord. No. 17-873, § 5, 11-16-2016; Ord. No. 25-976, § 10, 3-25-2025)

Operation of any mobile marijuana dispensary and marijuana delivery within the city in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated by the city either pursuant to the Fillmore Municipal Code or any other available remedies, including, but not limited to, declaratory relief and civil injunction. Failure to abate a public nuisance pursuant to this section is hereby declared to constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

(Ord. No. 16-857, § 5, 6-14-2016; Ord. No. 17-873, § 5, 11-16-2016)

A violation of this chapter shall be subject to any enforcement remedies available under the law and the Fillmore Municipal Code. In addition, the city may enforce a 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. Notwithstanding any other provision of this code, no conduct which is protected from criminal liability pursuant state law, including Health and Safety Code sections 11362.1, 11362.2, 11362.5, or 11362.9 as these sections may be amended from time to time, shall be made criminal by this chapter.

(Ord. No. 16-857, § 5, 6-14-2016; Ord. No. 17-873, § 5, 11-16-2016; Ord. No. 17-883, § 12, 12-12-2017)