Etna City Zoning Code
CHAPTER 17
48 MEDICAL MARIJUANA COLLECTIVES, COOPERATIVES, AND DISPENSARIES
§ 17.48.010 Purpose.
The purpose of this chapter is to protect the public safety, health, and welfare of the residents of Etna by prohibiting the establishment and operation of medical marijuana collectives, cooperatives, dispensaries, and other similar uses in the city of Etna.
(Ord. 207, 2011)
§ 17.48.020 Definitions.
A.
"Marijuana"
shall have the same definition as provided in California Health and Safety Code Section 11018.
B.
"Medical marijuana"
means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.7 et seq.
C.
"Medical marijuana collective, cooperative, or dispensary"
means any association, business, facility, use, establishment, location, delivery service, or provider, whether fixed or mobile, that distributes or makes available medical marijuana in accordance with Health and Safety Code Section 11362.5 et seq.
Medical marijuana collectives, cooperatives, or dispensaries shall not mean the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
1.
A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
2.
A healthcare facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
3.
A facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code;
4.
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; |
5.
A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; or
6.
A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
(Ord. 207, 2011)
§ 17.48.030 Medical marijuana collectives, cooperatives, and dispensaries prohibited.
Medical marijuana collectives, cooperatives, dispensaries, and any other similar uses that distribute, sell, or provide medical marijuana are prohibited.
(Ord. 207, 2011)
§ 17.48.040 Violation – Penalty.
Any person found to be in violation of any provision of this chapter shall be guilty of a misdemeanor and shall be subject to the criminal enforcement remedies set forth in Chapter 1.16 EMC.
(Ord. 207, 2011)