Montebello Municipal Code Ch. 9.30 Medical Marijuana

Footnotes:

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Editor's note— Ord. No. 2365, § 10, adopted Jan. 28, 2015, amended ch. 9.30 in its entirety to read as herein set out. Former ch. 9.30, §§ 9.30.010—9.30.060, pertained to Medical Marijuana Dispensaries, and derived from Ord. 2318, § 1, adopted 2008.

The purpose of this chapter is to prohibit the operation and location of medical marijuana dispensaries in the city given the negative and detrimental effects and impacts on communities from this land use.

(Ord. No. 2365, § 10, 1-28-2015; Ord. No. 2399, § 6, 9-13-2017)

"Medical marijuana dispensary" or "dispensary" means any facility or location, whether fixed or mobile, where marijuana is made available and/or distributed, including but not limited to activities meeting the definition of "delivery," "dispensary," "dispensing," "distribution," or "distributor" as set forth in chapter 5.90 of this code.

(Ord. No. 2365, § 10, 1-28-2015; Ord. No. 2399, § 7, 9-13-2017)

A. Medical marijuana dispensaries are hereby deemed a public nuisance and are prohibited in the city. No medical marijuana dispensary shall operate, locate or otherwise be permitted within the city, and no person or entity shall cause, allow or maintain a medical marijuana dispensary within the city.

B. Except as expressly authorized in chapter 5.90 or chapter 9.60 of this code, it is unlawful and a public nuisance for any person or entity, including but not limited to primary caregivers and qualified patients, to cause, allow or maintain cultivation of marijuana within the city for any purpose.

C. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

D. The city shall not issue, approve or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary.

(Ord. No. 2365, § 10, 1-28-2015; Ord. No. 2399, § 8, 9-13-2017)

The city council declares that it would have passed this chapter sentence by sentence, paragraph by paragraph, and section by section, and does declare that the provisions of this chapter are severable, and if, for any reason, any sentence, paragraph or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.

(Ord. No. 2365, § 10, 1-28-2015; Ord. No. 2399, § 8, 9-13-2017)

A. A violation of any provision of this chapter constitutes a misdemeanor, punishable as provided in this code.

B. Distribution of marijuana within the city is deemed a public nuisance, which may be abated by any means authorized by law. Any remedy afforded by law, including this code, may be used in conjunction with or in lieu of each other remedy.

(Ord. No. 2365, § 8, 1-28-2015; Ord. No. 2399, § 9, 9-13-2017)