Orland Municipal Code Ch. 5.30 Marijuana Distribution Facilities

Footnotes:

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Editor's note— Ord. No. 2017-01, § 2, adopted Jan. 17, 2017, changed the title of Ch. 5.30 from "Medical Marijuana Distribution Facilities" to read as herein set out.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Marijuana" and "medical marijuana" shall be as defined in Orland Municipal Code Section 8.24.020. Where applicable, "marijuana" shall include "medical marijuana."

"Marijuana distribution facility" is (1) any facility or location, whether fixed or mobile, where marijuana is made available, sold, transmitted, given or otherwise provided to any person; (2) any facility or location, whether fixed or mobile, where marijuana is made available, sold, transmitted, given or otherwise provided to two or more persons with identification cards or qualified patients, or primary caregivers, as defined in California Health and Safety Code Section 11362.5 et seq. as amended from time to time, or (3) any facility where two or more qualified patients, persons with identification cards or 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.

"Marijuana distribution facility" includes any location in the city to which any marijuana is delivered pursuant to any commercial transaction.

(Ord. No. 2012-02, § 2; Ord. No. 2017-01, § 2)

A. Marijuana distribution facilities are prohibited in the city of Orland, and no person shall operate or locate a marijuana distribution facility in the city of Orland. The city shall not issue, approve, or grant any permit, license, or other entitlement for the establishment or operation of a marijuana distribution facility in the city of Orland.

B. This chapter does not apply where preempted by state or federal law.

(Ord. No. 2012-02, § 2; Ord. No. 2017-01, § 2)

A. Any use or condition caused or permitted to exist in violation of any provision 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 this code.

B. Each violation of this chapter and each day a violation of this chapter continues to exist shall be considered a separate and distinct violation.

C. All means of enforcement authorized under this code may be used to address violations of this chapter, including but not limited to: Civil penalties, nuisance abatement, civil actions, and administrative citations.

(Ord. No. 2012-02, § 2)