Fresno County Municipal Code Ch. 10.60 Medical Marijuana

Footnotes:

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Editor's note— Ord. No. 15-003, § 2, adopted Feb. 24, 2015, amended Ch. 10.60 in its entirety, §§ 10.60.010—10.60.090, in effect repealing and reenacting said chapter as set out herein. Former Ch. 10.60 pertained to similar subject matter and derived from Ord. No. 14-001, §§ 2, 3, adopted Jan. 7, 2014.

It is the purpose and intent of this chapter pursuant to Government Code § 25123(d) to immediately prohibit the large-scale cultivation of medical marijuana in order to preserve the public peace, health, safety and general welfare of the citizens of Fresno County. Additionally, it is the purpose and intent of this chapter to continue in effect Fresno County's prohibition of medical marijuana dispensaries and limitations on places where medical marijuana can be consumed.

(Ord. No. 15-003, § 2, 2-24-2015)

This chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the board that this chapter shall be interpreted to be compatible and consistent with federal, county, and state enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this chapter will supersede any other provisions of this code found to be in conflict.

(Ord. No. 15-003, § 2, 2-24-2015)

For purposes of this chapter, these words and phrases shall be defined as follows:

A. "County" means the County of Fresno or the unincorporated area of the County of Fresno as required by the context.

B. "Marijuana" shall have the same definition as in California Health and Safety Code § 11018 as it now reads or as amended.

C. "Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code §§ 11362.7 et seq.

D. "Cultivate" or "cultivation" is the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location.

E. A "Medical marijuana collective" or "dispensary" means any operation, including a store-front facility or structure, mobile facility, or delivery service, wherein medical marijuana is made available, sold, offered for sale, given, distributed, traded, cultivated for, or otherwise provided to primary caregivers, and qualified patients, as defined by this chapter.

A "medical marijuana collective" or "dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by code or applicable law: (i) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (ii) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (iii) a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (iv) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; and (v) a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code § 11362.7 et seq.

F. "Primary caregiver" shall have the same definition as in California Health and Safety Code § 11362.7 et seq. as it now reads or as amended.

G. "Qualified patient" shall have the same definition as California Health and Safety Code § 11362.7 et seq. as it now reads or as amended.

(Ord. No. 15-003, § 2, 2-24-2015)

No on-site consumption of medical marijuana shall occur except by a qualified patient or person with an identification card who lives on the property as their principal place of residence.

(Ord. No. 15-003, § 2, 2-24-2015)

A dispensary is a prohibited use in all zone districts in the county.

(Ord. No. 15-003, § 2, 2-24-2015)

Medical marijuana cultivation is prohibited in all zone districts in the county.

(Ord. No. 15-003, § 2, 2-24-2015)

The establishment, maintenance, or operation of any prohibited cultivation of medical marijuana, as defined in this chapter, within the county is declared to be a public nuisance and each person or responsible party is subject to abatement proceedings under chapter 10.62 and/or administrative fines pursuant to chapter 10.64.

(Ord. No. 15-003, § 2, 2-24-2015)

A. Notwithstanding any other provision of this code, a person violating any of the provisions of this chapter shall not be guilty of a misdemeanor or infraction, unless the violation otherwise constitutes a misdemeanor or infraction under state law. Any person violating any of the provisions of this chapter shall be subject to the abatement provisions and penalties as set forth in chapter 10.62 as well as the administrative penalties as set forth in chapter 10.64. Violators shall be subject to any other enforcement remedies available to the county under any applicable state or federal statute or pursuant to any other lawful power the county may possess.

B. Each day a violation is allowed to continue and every violation of the chapter shall constitute a separate violation and shall be subject to all remedies.

C. In the event any civil suit or action is brought by the county to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the county for costs of the suit, including, but not limited to, attorney's fees. This provision shall not apply to the appeals to Superior Court by persons cited or served a notice of abatement order provided for in section 10.62.080(E) or section 10.64.070(E).

(Ord. No. 16-001, § 1, 4-5-2016; Ord. No. 15-003, § 2, 2-24-2015)

If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter.

(Ord. No. 15-003, § 2, 2-24-2015)