Sec. 130.14.250. – Distribution.
A. Purpose. The purpose of this section is to clearly set forth the prohibition on medical marijuana dispensaries which conforms with recent State and Federal case law.
B. Medical marijuana distribution facility defined. Except where the context otherwise requires, a “medical marijuana distribution facility” means any medical marijuana dispensary, collective, or cooperative, in any facility or location, whether fixed or mobile, and whether or not the facility is operated for profit, where medical marijuana, in any form, is made available, sold, transferred, given, or otherwise provided to three or more qualified patients, primary caregivers, or patients with an identification card, as defined in California Health and Safety Code § 11362.5 et seq.
C. Exception. A “medical marijuana distribution facility” shall not include dispensing by primary caregivers to qualified parties in the following locations, so long as the location is otherwise permitted by this title and applicable State laws:
- A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
- A health care facility licensed 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 Division 2 of the Health and Safety Code;
- A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code;
- A residential hospice licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code; or
- A home health agency licensed pursuant to Chapter 8 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code § 11362.5 et seq.
D. Medical marijuana distribution facilities prohibited. The establishment, maintenance, or operation of any medical marijuana distribution facility shall be prohibited, and no use permit, variance, building permit, or any other applicable entitlement for use, including, but not limited to, the issuance of a business license, shall be approved or issued for the establishment or operation of a medical marijuana distribution facility. The County, however, shall not enforce the provisions of this section with respect to medical marijuana distribution facilities existing as of the effective date of the ordinance from which this section is derived and, within 60 days of the effective date of the ordinance from which this section is derived, submitting documentation to the County Planning Division demonstrating all of the following:
- Location within a commercial zone district;
- Continuous operation for a period of at least six months prior to October 30, 2011; and
- Compliance with State law, including, but not limited to, the Medical Marijuana Program Act.
Such documentation shall also include a detailed description of the full operations of the facility, including the hours of operation and the number of employees. Those operations submitting documentation that the County finds satisfactory will be allowed to continue to operate at the same level of intensity with the same square footage without any expansion subject to reasonable conditions on time of use as may be established by the County, subject to the County’s regulations on nonconforming uses.
E. Zoning; shared facilities. A medical marijuana distribution facility as defined in Subsection 2.B of this section shall not be established, operated or maintained at any location in any zone district in the unincorporated areas of the County, even if the medical marijuana distribution facility is located within, or operated with one or more additional otherwise permitted use, including, but not limited to: a health food store, bakery, tobacco shop, other retail store, health education facility, health spa, fitness facility, wellness center, or a health facility other than a licensed facility identified in Subsection 2.C of this section.