Chapter 6.34 — MEDICAL MARIJUANA

Editor's note— Ord. No. 2016-02, § 3, adopted Feb. 3, 2016, amended Ch. 6.34 in its entirety to read as herein set out. Former Ch. 6.34, §§ 6.34.010—6.34.100, pertained to similar subject matter and derived from Ord. No. 2016-01, § 3, 1-20-2016.

It is the purpose and intent of this chapter to prohibit the cultivation of medical marijuana, medical marijuana dispensaries, cooperatives, collectives, deliveries and cultivation in order to preserve the public peace, health, safety, and general welfare of the citizens of the city.

(Ord. No. 2016-02, § 3, 2-3-2016)

Thirty Days After Passage. The ordinance codified herein shall take effect and be in full force and effect from and after thirty days after its final passage and adoption. Within fifteen days after its adoption, the ordinance codified herein, or a summary of the ordinance codified herein, shall be published once in a newspaper of general circulation.

(Ord. No. 2016-02, § 3, 2-3-2016)

For the purposes of this chapter, these words and phrases shall be defined as follows:

"City" means the City of Parlier.

"Cultivate" or "cultivation" is the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location.

"Delivery" shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to time, and includes the commercial transfer of medical marijuana and medical marijuana products from a dispensary as well as the use of any technology platform that enables qualified patients and caregivers to arrange for or facilitate the transfer.

"Marijuana" shall have the same definition as in California Health and Safety Code Section 11018, as it now reads or as may be amended.

"Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.7 et seq., as may be amended.

"Medical marijuana collective" or "dispensary" means any operation, including a store-front facility or structure, mobile facility, or delivery service, wherein medical marijuana is made available, sold, offered for sale, given, distributed, traded, cultivated for, or otherwise provided to primary caregivers or qualified patients, as defined by this chapter.

A "medical marijuana collective" or "dispensary" shall not include the following uses, as long as the location of such uses is otherwise regulated by code or applicable law: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; and (5) a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.7 et seq.

"Primary caregiver" shall have the same definition as in California Health and Safety Code Section 11362.7 et seq., as it now reads or as amended.

"Qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it now reads or as amended.

(Ord. No. 2016-02, § 3, 2-3-2016)

Marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for the activities of marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.

(Ord. No. 2016-02, § 3, 2-3-2016)

Personal use cultivation is a prohibited in all zone districts in the city.

(Ord. No. 2016-02, § 3, 2-3-2016)

A medical marijuana collective, cooperative, or dispensary is a prohibited use in all zone districts in the city.

(Ord. No. 2016-02, § 3, 2-3-2016)

Prohibition of Marijuana Cultivation. Marijuana cultivation by any person, including primary caregivers and qualified patients collectives, cooperatives or dispensaries, is prohibited in all zone districts within the city. Prohibited medical marijuana cultivation declared a public nuisance.

The establishment, maintenance, or operation of any prohibited cultivation of medical marijuana, as defined in this chapter, within the city is declared to be a public nuisance and is prohibited in all zone districts. Each person or responsible party is subject to abatement proceedings, in addition to all other legal and equitable relief available to the city.

(Ord. No. 2016-02, § 3, 2-3-2016)

A.

No person shall deliver marijuana to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or regardless of whether a technology platform is used by the dispensary or engaged in any operation for this purpose.

B.

No person shall deliver any marijuana-infused product such as tinctures, baked goods or other consumable products, to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose.

C.

Public Nuisance Declared. Operation of any mobile marijuana dispensary within the city in violation of the provisions of this chapter is hereby declared a public nuisance and may be abated pursuant to all available remedies.

(Ord. No. 2016-02, § 3, 2-3-2016)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a maximum penalty of six months' imprisonment in the county jail or a fine of one thousand dollars, as well as the administrative penalties as set forth, as may be amended. Violators shall be subject to any other enforcement remedies available to the city under any applicable state or federal statute or pursuant to any other lawful power the city may possess.

(Ord. No. 2016-02, § 3, 2-3-2016)

Any violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. 2016-02, § 3, 2-3-2016)