Article I — Medical Marijuana

A.

In enacting this article, it is the intent of the city council of the city of Orange Cove to protect the safety and welfare of the general public. The Federal Controlled Substances Act, 21 U.S.C. Section 841, prohibits the possession, sale and distribution of marijuana, and the city council finds that sanctioning the opening or establishment of medical marijuana collectives, cooperatives and dispensaries, or commercial medical marijuana businesses, or allowing the delivery of medical marijuana within the city, would be inconsistent with federal law.

B.

Furthermore, the city council finds that medical marijuana dispensaries are public nuisances in that many violent crimes have been committed that can be traced back to the proliferation of marijuana dispensaries, including armed robberies and murders. Increased noise and pedestrian traffic, including nonresidents in pursuit of marijuana, and out-of-area criminals in search of prey, are commonly encountered near outside marijuana collectives, cooperatives and dispensaries. The city council further finds that it is reasonable to conclude that medical marijuana deliveries and commercial medical marijuana businesses are likely to cause many of these same adverse impacts.

C.

Therefore, in order to protect the integrity of the city and the goals upon which this city was founded, the city council finds that it is in the best interest of the residents of the city to prohibit medical marijuana collectives, cooperatives and dispensaries, as well as commercial medical marijuana businesses and medical marijuana deliveries.

D.

The purpose of this article is to prohibit medical marijuana collectives, cooperatives and dispensaries and commercial medical marijuana businesses from being opened or established in the city of Orange Cove, as well as prohibiting deliveries from occurring in the city of Orange Cove. Nothing in this article shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law.

(Ord. No. 383, § 2, 12-13-2017)

The following words and phrases, whenever used in this article, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:

A.

"City" means the city of Orange Cove.

B.

"Commercial medical marijuana business" means any activity licensed pursuant to the Medical Cannabis Regulation and Safety Act, Business and Professions Code Section 19300 et seq., including, but not limited to, medical marijuana cultivation, distribution, manufacturing, transporting and testing.

C.

"Medical marijuana" means marijuana used for medical purposes in accordance with the Compassionate Use Act (California Health and Safety Code Section 11362.5) and the Medical Marijuana Program Act (California Health and Safety Code Section 11362.7 et seq.).

D.

"Medical marijuana delivery" means the transfer of medical marijuana or medical marijuana products from a medical marijuana dispensary to a qualified patient or primary caregiver, as well as the use by a dispensary of any technology platform to arrange for or facilitate the transfer of medical marijuana or medical marijuana products.

E.

"Medical marijuana dispensary" or "dispensary" means (1) any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana to three or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure or location where three qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away marijuana for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq., and such group is organized as a medical marijuana cooperative or collective as set forth in the Attorney General's guidelines. The terms "primary caregiver," "qualified patient," and "person with an identification card" shall be as defined in California Health and Safety Code Section 11362.5 et seq.

For purposes of this chapter, a "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law and complies strictly with applicable law, including, but not limited to, California Health and Safety Code Section 11362.5 et seq.:

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;

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;

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;

A residential hospice or a home health agency licensed pursuant to Chapter 8 of the California Health and Safety Code.

F.

"Medical marijuana products" means medical marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

G.

"Person" means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.

(Ord. No. 383, § 2, 12-13-2017)

Medical marijuana dispensaries are prohibited in the city. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of a medical marijuana dispensary.

(Ord. No. 383, § 2, 12-13-2017)

Medical marijuana deliveries are prohibited in the city. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, medical marijuana deliveries. This section shall not be interpreted to prohibit the transportation of medical marijuana through the city on public roads, as long as such transportation does not involve the delivery of medical marijuana within the city.

(Ord. No. 383, § 2, 12-13-2017)

Commercial medical marijuana businesses are prohibited in the city. It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, a commercial medical marijuana business.

(Ord. No. 383, § 2, 12-13-2017)

A.

Violation of this article is a public nuisance.

B.

Nothing in this article in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, for violations of this chapter. Such additional remedies include, but are not limited to, injunctive relief, administrative citations, or a cause of action under the California Narcotics Nuisance Abatement Act (Health and Safety Code Section 11570).

(Ord. No. 383, § 2, 12-13-2017)