Pismo Beach Municipal Code Ch. 9.06 Medical Marijuana Dispensaries

A "medical marijuana dispensary" is defined as any facility in a single fixed location where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical marijuana, or cannabis, for medical purposes to two or more qualified patients or persons with an identification card in accordance with Health and Safety Code Section 11362.5.

A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses area is otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility license pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of the Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of the Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable California and federal law.

"Primary caregiver" shall have the same definition as in California Health and Safety Code §11362.7(d), as it may be amended from time to time.

"Qualified patient" shall have the same definition as in California Health and Safety Code §11362.7(f), as it may be amended from time to time.

"Identification card" shall have the same definition as in California Health and Safety Code §11362.7(g), as it may be amended from time to time.

"Person with an identification card" shall have the same definition as in California Health and Safety Code §11362.7(h), as it may be amended from time to time. (Ord. 07-01 § 1 (part), 2007)

A medical marijuana dispensary shall not be permitted within the city. (Ord. 07-01 § 1 (part), 2007)

Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly. (Ord. 07-01 § 1 (part), 2007)

Violation of any provision of this chapter is a misdemeanor unless the city attorney authorizes issuance of an infraction citation or files a complaint charging the offense as an infraction; or the court, upon the prosecutorial recommendation of the city attorney, determines that the offense is an infraction. (Ord. 07-01 § 1 (part), 2007)

The violation of any provision of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief. (Ord. 07-01 § 1 (part), 2007)