San Joaquin Municipal Code Ch. 115 Drug Sales

Section

General Provisions

Medical Marijuana Dispensaries

GENERAL PROVISIONS

It shall be unlawful for any person, firm or corporation doing business within the city to store, stock, keep or display for sale or transfer any product containing pseudoephedrine in an area other than a place that is locked and secure or is otherwise made unavailable to the public and which is accessible only to employees of the businesses.

(Ord. 05-100, passed 11-9-2005) Penalty, see § 10.99

MEDICAL MARIJUANA DISPENSARIES

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

MEDICAL MARIJUANA. Defined in strict accordance with Cal. Health and Safety Code §§ 11362.5 et seq.

MEDICAL MARIJUANA DISPENSARY. Any facility or location, whether fixed or mobile, where medical marijuana is made available to, distributed by, or distributed to one or more of the following:

(1) A qualified patient;

(2) A person with an identification card; or

(3) A primary caregiver as those terms are defined in strict accordance with Cal. Health and Safety Code §§ 11362.5 et seq. Unless otherwise regulated by this code or applicable law, a MEDICAL MARIJUANA DISPENSARY shall not include the following uses: a clinic licensed pursuant to Cal. Health and Safety Code Chapter 1 of Division 2, a health care facility licensed pursuant to Cal. Health and Safety Code Chapter 2 of Division 2, a residential care facility for persons with chronic life-threatening illness pursuant to Cal. Health and Safety Code Chapter 3.01 of Division 2, a residential care facility for the elderly licensed pursuant to Cal. Health and Safety Code Chapter 3.2 of Division 2, a residential hospice, or a home health agency licensed pursuant to Cal. Health and Safety Code Chapter 8 of Division 2, as long as the use complies strictly with applicable law including, but not limited to, Cal. Health and Safety Code §§ 11362.5 et seq.

(1994 Code, § 9.06.020) (Ord. 04-102, passed 11-10-2004)

(A) Medical marijuana dispensaries where medical marijuana is distributed by, distributed to, or made available to any combination of three or more qualified patients, persons with identification card, or primary caregivers as defined by Cal. Health and Safety Code §§ 11362.5 et seq. are prohibited.

(B) Medical marijuana dispensaries are prohibited from engaging in the sale, dispensing, or distribution of any item other than medical marijuana as allowed by law.

(C) No more than one medical marijuana dispensary may operate out of a single building or legal parcel.

(1994 Code, § 9.06.030) (Ord. 04-102, passed 11-10-2004)