La Mesa Municipal Code Ch. 10.39 Mobile Dispensing

Footnotes:

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Editor's note— Ord. 2017-2857, § 1, adopted November 14, 2017, repealed ch. 10-39, §§ 10.39.010—10.39.060 and enacted a new ch. 39.10, §§ 10.39.010—10.39.060 as set out herein. Former §§ ch. 10-39 pertained to similar subject matter and derived from Ord. 2016-2844, adopted January 12, 2016.

10.39.010 - Definitions.¶

Whenever the following words or terms are used in this Chapter, they shall have the meaning as ascribed below:

"Delivery" means the transport or transfer, by any means, of marijuana from any marijuana business, regardless of where the marijuana business is located, to any person or place within the City of La Mesa.

"Marijuana" means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated 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, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall also include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the Office of the Attorney General for the State of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).

"Marijuana Business" means a marijuana business (whether undertaken for profit or not-for-profit), dispensary, association, collective, cooperative, provider, person, or similar individual, entity or organization which sells (whether wholesale or retail), provides, conveys, distributes, delivers, dispatches, cultivates, stores, processes or prepares marijuana (or otherwise engages in commercial cannabis activity).

"Mobile Dispensary" means (i) any conveyance, powered or unpowered, licensed or unlicensed manned or unmanned, from which marijuana is offered for viewing; sampling; concurrent or subsequent sale; or is given away; provided; distributed or dispensed; and which (ii) is owned, leased, operated, used, maintained or controlled by a marijuana business.

"Operating a Mobile Dispensary" means parking, stopping, idling, or standing on public or private property for the purpose of permitting marijuana to be offered for viewing; sampling; concurrent or subsequent sale; or to be given away; provided; distributed or dispensed.

"Qualified Patient", "Primary Caregiver" and "Person with an Identification Card" have the same meanings as those terms as defined in Section 11362.7 of the California Health and Safety Code.