Santa Clara County Municipal Code Div. B26 Medicinal Marijuana Dispensaries

Footnotes:

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Editor's note— Ord. No. NS-300.878, adopted Aug. 26, 2014, repealed Div. B26, and enacted new provisions to read as herein set out. Former Div. B26 pertained to the same subject matter and consisted of §§ B26-1—B26-9. See Code Comparative Table for amendatory history.

This division shall prohibit the establishment or operation of any medicinal marijuana dispensary, as defined herein, in the unincorporated area of Santa Clara County.

(Ord. No. NS-300.878, § 1, 8-26-14)

As used in this division, "medicinal marijuana dispensary" shall mean any facility or location where an incorporated or unincorporated association, composed of four or more individuals who are qualified patients or primary caregivers, as defined in California Health and Safety Code Section 11362.5 et seq., associate to cultivate, distribute, sell, transmit, give, or otherwise provide marijuana for medical purposes. A medicinal marijuana dispensary shall not include the following, provided any such facility complies strictly with applicable law, including, but not limited to, Health and Safety Code Sections 11362.5 et seq. and this Code:

(1) A clinic licensed or exempt from licensure pursuant to Chapter 1 and 1.3 of Division 2 of the Health and Safety Code.

(2) A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.

(3) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code.

(4) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.

(5) A hospice or a home health agency, licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.

(6) A mental health clinic or facility certified under Title 9, Division 1, Chapter 11 of the California Code of Regulations.

(Ord. No. NS-300.878, § 1, 8-26-14)

A medicinal marijuana dispensary is prohibited in the unincorporated area of the County.

(Ord. No. NS-300.878, § 1, 8-26-14)

Any person who violates any provision of this division 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. No. NS-300.878, § 1, 8-26-14)

Any violation of this division is hereby declared a public nuisance and may be abated by the County pursuant to Chapter III of Division A1 of this Code.

(Ord. No. NS-300.878, § 1, 8-26-14)

Any violation of any provision of this division shall be deemed a misdemeanor.

(Ord. No. NS-300.878, § 1, 8-26-14)

In addition to the civil remedies and criminal penalties set forth above, any violation of this division may be subject to administrative remedies, as set forth by Division A37.

(Ord. No. NS-300.878, § 1, 8-26-14)