Except as allowed under Chapter 17.43(H), Cannabis Storefront Retail, the establishment, development, construction, maintenance, or operation of a marijuana dispensary is hereby prohibited, and is not a permitted use in any of the following zoning districts, even if located within an otherwise permitted use: Retail commercial (C-1), general commercial (C-2), highway commercial (H-C), heavy commercial (C-3), and industrial (I). No person shall establish, develop, construct, maintain, or operate a marijuana dispensary, and no application for a building permit, use permit, variance, or any other entitlement authorizing the establishment, development, construction, maintenance, or operation of any marijuana Dispensary shall be approved by the County of Trinity or any officer or employee thereof in any of the above districts.

(Ord. No. 315-795, § 1, 10-18-11; Ord. No. 315-852, § III, 7-19-22)

As used in herein, the terms below shall mean as follows:

"Marijuana dispensary" means any of the following:

1.

Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where any person(s) (including, but not limited to, any "primary caregiver(s)," "qualified patient(s)," or "person(s) with an identification card") makes available, sells, gives, distributes, or otherwise provides marijuana to any two or more other persons (including, but not limited to, any "primary caregiver(s)," "qualified patient(s)," or "person(s) with an identification card") pursuant to Health and Safety Code Sections 11362.8 and/or 11362.7 et seq. or otherwise; or

2.

Any for profit or not-for-profit facility, building, structure, premises, or location, whether fixed, mobile, permanent or temporary, where qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate to make available, sell, give away, distribute, or otherwise provide marijuana for medicinal marijuana "cooperatives" and "collectives."

The terms "primary caregiver," "qualified patient," "person with an identification card," "cooperative," and "collective" shall be as defined in Proposition 215 (Health and Safety Code Section 11362.5) and Senate Bill 420 (Health and Safety Code Sections 11362.7 et seq.)

(Ord. No. 315-795, § 1, 10-18-11)

The exclusion of any zoning district from the provisions of this chapter, as specified in 17.41.010, does not, nor shall not, express or imply that marijuana dispensaries are or ever have been lawful uses, either as permitted or conditional uses, within that district.

(Ord. No. 315-795, § 1, 10-18-11; Ord. No. 315-852, § III, 7-19-22)