Morgan Hill Municipal Code Ch. 9.16 Marijuana

Footnotes:

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Editor's note— Ord. No. 2257 N.S., § 1, adopted July 26, 2017, amended Ch. 9.16 in its entirety to read as herein set out. Former Ch. 9.16, §§ 9.16.010—9.16.050, pertained to medical marijuana and derived from Ord. No. 2183 N.S., § 1, adopted Jan. 20, 2016.

The city council intends that this chapter: (1) is meant to prohibit all activities related to the cultivation, delivery, and dispensing of marijuana for which a state license is required under the Medical Marijuana Regulation and Safety Act (Bills AB 243, AB 246, and SB 643) which were signed into law on October 9, 2015, as the same may be amended from time to time; (2) expresses its intent to prohibit the cultivation of marijuana in the city except as authorized pursuant to California Health and Safety Code Section 11362.1(3); (3) exercises its local authority to enact and enforce local regulations and ordinances, including those regarding the permitting, licensing, or other entitlement of the activities prohibited by this chapter; (4) exercises its police power to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community; and (5) expressly prohibits the delivery of marijuana and marijuana distribution facilities in the city.

(Ord. No. 2257 N.S., § 1, 7-26-2017)

(a) "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).

(b) "Marijuana cultivation" means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana, except as authorized under Health and Safety Code Section § 11362.1(3).

(c) "Marijuana distribution facility" means any facility or location, whether fixed or mobile, where a primary caregiver, a person with identification cards, a qualified patient, or other person makes available, dispenses, distributes, exchanges, sells, transmits, gives, delivers, or otherwise provides marijuana to any person for any reason, including two or more primary caregivers, persons with identification cards or qualified patients, as defined in California Health and Safety Code Section 11362.5 et seq., or any facility where qualified patients, persons with identification cards and primary caregivers meet or congregate collectively and cooperatively to cultivate or distribute marijuana for medical purposes under the purported authority of California Health and Safety Code Section 11362.5 et seq., including dispensaries.

"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 a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(Ord. No. 2257 N.S., § 1, 7-26-2017)

Marijuana cultivation, marijuana delivery, and marijuana distribution facilities, as defined in this chapter, are declared to be unlawful and prohibited uses in all zoning districts in the city of Morgan Hill. The city shall not issue or approve any permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, for the activities of marijuana cultivation or marijuana delivery, or the establishment or operation of a marijuana distribution facility in the city, and no person shall otherwise establish or conduct such activities in the city.

(Ord. No. 2257 N.S., § 1, 7-26-2017)

(a) Any person found to be in violation of any provision of this chapter shall be subject to the enforcement remedies set forth in Title 1, at the discretion of the city.

(b) Each violation of this chapter and each day of violation of this chapter shall be considered as separate and distinct violations thereof.

(Ord. No. 2257 N.S., § 1, 7-26-2017)

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city pursuant to the procedures set forth in Chapter 1.18.

(Ord. No. 2257 N.S., § 1, 7-26-2017)